The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBernardBlackBoehmBrazeauBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionOhOmidvarOslerPatePetitclercPettenPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithSorensenTannasVernerWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBernardBlackBoehm*Boisvenu*BonifaceBrazeauBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionOhOmidvarOslerPate*Patterson (Ontario)PetitclercPettenPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithSorensenTannasVernerWellsWooYussuff

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 Manning, Chair of the Standing Senate Committee on Fisheries and Oceans, tabled the seventh report of the committee (The subject matter of those elements contained in Subdivisions A, B and C of Division 21 of Part 4 of Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023).—Sessional Paper No. 1/44-1749S.

(Pursuant to the order adopted April 27, 2023, the report was deemed referred to the Standing Senate Committee on National Finance and placed on the Orders of the Day for consideration at the next sitting.)

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The Honourable Senator Cotter presented the following:

Thursday, May 18, 2023

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

THIRTEENTH REPORT

Your committee, to which was referred Bill C-9, An Act to amend the Judges Act, has, in obedience to the order of reference of March 9, 2023, examined the said bill and now reports the same with the following amendments:

1.Clause 12, pages 4 to 7, 9, 10, 14 to 17, 20 and 23:

(a)On page 4, replace lines 8 and 9 with the following:

“for the purposes of this Division.”;

(b)on page 5,

(i)replace line 1 with the following:

“84 The Council shall name persons”,

(ii)replace line 19 with the following:

“Council and one person from the roster of lay persons have reasonable grounds to believe that the pub-”, and

(iii)add the following after line 23:

“86.1 The Council shall, with respect to each complaint received, collect the following information, provided that the complainant consents to its collection:

(a) the race, Indigenous identity, national or ethnic origin, and religion of the complainant;

(b) the sex and gender identity of the complainant; and

(c) any disability of the complainant.”;

(c)on page 6,

(i)replace line 13 with the following:

“alleges sexual misconduct or sexual harassment or that alleges discrimination”,

(ii)add the following after line 15:

“(4) If the screening officer dismisses the complaint, they shall

(a) give notice of their decision and the reasons for it to the Council; and

(b) inform the complainant in writing of their decision and the reasons for it.

(5) The reasons shall not include information that is confidential or personal, or that is not in the public interest to disclose.

90.1 The Council shall make public the screening officer’s decision and the reasons for it, as soon as feasible after receiving them.”, and

(iii)replace lines 33 and 34 with the following:

“they shall

(a) give notice of their decision and the reasons for it to the Council; and

(b) inform the complainant in writing of their decision and the reasons for it.”;

(d)on page 7, add the following after line 3:

“94.1 The Council shall make public the reviewing member’s decision and the reasons for it, as soon as feasible after receiving them.”;

(e)on page 9, add the following after line 6:

“103.1 The Council shall make public the review panel’s decision and the reasons for it, as soon as feasible after receiving them.”;

(f)on page 10, replace lines 27 and 28 with the following:

“(c) a person named in the roster of lay persons.”;

(g)on page 14, replace line 5 with the following:

“Supreme Court of Canada, by a decision of the Federal Court of Appeal if the Federal Court of Appeal’s decision is final, or by the decision of an ap-”;

(h)on page 15, replace lines 13 and 14 with the following:

“(a) two members of the Council;

(b) a judge named in the roster of judges;

(c) a person named in the roster of lay persons; and

(d) a lawyer of at least 10 years’ standing at the bar of any province.”;

(i)on page 16,

(i)replace line 19 with the following:

“Further Appeals”, and

(ii)replace lines 23 to 26 with the following:

“sends them a notice of its decision, appeal the decision to the Federal Court of Appeal.

138 If leave to appeal a decision of the Federal Court of Appeal made on an appeal under section 137 is granted by the Supreme Court”;

(j)on page 17,

(i)replace line 4 with the following:

“pired,

(b.1) the Federal Court of Appeal has made a decision in respect of the appeal panel’s decision and

(i) the judge and the presenting counsel have both waived their right to seek leave to appeal the decision to the Supreme Court of Canada, or

(ii) the time limit for filing an application for leave to appeal the decision to the Supreme Court of Canada has expired, and”,

(ii)replace lines 6 and 7 with the following:

“leave to appeal the decision of the Federal Court of Appeal or, if it has, it has made a decision in respect of the Federal Court of Appeal’s decision.”,

(iii)replace line 9 with the following:

“decision and any decision of the appeal panel, the Federal Court of Appeal and the”;

(k)on page 20, replace line 13 with the following:

“Federal Court of Appeal and the Supreme Court of Canada relating to those proceedings.”; and

(l)on page 23,

(i)replace lines 17 to 24 with the following:

“setting out, in respect of the year,

(a) the number of complaints

(i) received,

(ii) withdrawn or abandoned,

(iii) dismissed by a screening officer for a reason set out in

(A) paragraph 90(1)(a),

(B) paragraph 90(1)(b), and

(C) paragraph 90(1)(c),

(iv) dismissed by a reviewing member for a reason set out in

(A) paragraph 90(1)(a),

(B) paragraph 90(1)(b), and

(C) paragraph 90(1)(c),

(v) dismissed by a reviewing member for being wholly without merit,

(vi) reviewed by review panels, hearing panels and appeal panels, and

(vii) in respect of which any of the actions referred to in paragraphs 102(a) to (g) were taken;

(b) for each category listed in paragraph (a), the number of those complaints that allege

(i) sexual misconduct, or

(ii) discrimination on the basis of a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act;

(c) for each category listed in paragraph (a), in a manner that does not allow for the identification of any complainant, a summary of the information collected under section 86.1; and

(d) for any withdrawn or abandoned complaints, the reasons provided, if any.”, and

(ii)add the following after line 26:

“(3) The Minister may recommend, on the basis of the information contained in the annual report, that the Council establish seminars under paragraph 60(2)(b).”.

2.Clause 16, page 25:

(a)Replace line 23 with the following:

“16 (1) If a report made under section 65 of the”; and

(b)replace lines 28 to 30 with the following:

“after that day, appeal the report to the Federal Court of Appeal.

(2) If leave to appeal a decision of the Federal Court of Appeal made on an appeal under subsection (1) is granted by the Supreme Court of Canada, section 138 of”.

Respectfully submitted,

The Honourable Senator Cotter moved, seconded by the Honourable Senator Woo, 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.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

The Honourable Senator LaBoucane-Benson tabled the following:

Response to the oral question asked in the Senate on June 1, 2022, by the Honourable Senator Moodie, concerning the National Housing Strategy — Canada Mortgage and Housing Corporation.—Sessional Paper No. 1/44-1750S.

Response to the oral question asked in the Senate on June 1, 2022, by the Honourable Senator Moodie, concerning the National Housing Strategy — Employment and Social Development Canada.—Sessional Paper No. 1/44-1751S.

Response to the oral question asked in the Senate on June 1, 2022, by the Honourable Senator Moodie, concerning the National Housing Strategy — Innovation, Science and Economic Development Canada.—Sessional Paper No. 1/44-1752S.

Response to the oral question asked in the Senate on February 8, 2023, by the Honourable Senator Omidvar, concerning the earthquake in Turkey and Syria.—Sessional Paper No. 1/44-1753S.

Orders of the Day

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Cotter, seconded by the Honourable Senator Dasko, for the third reading of Bill C-22, An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act, as amended.

After debate,

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

The bill, as amended, was then read the third time and passed.

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

Bills – Second Reading

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

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Second reading of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts.

The Honourable Senator Cormier moved, seconded by the Honourable Senator Miville-Dechêne, that the bill be read the second time.

After debate,

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

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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons with Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), 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 LaBoucane-Benson, 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.

Bills – Second Reading

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

Reports of Committees – Other

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

Motions

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

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The Honourable Senator LaBoucane-Benson 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, May 30, 2023, at 2 p.m.

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

Inquiries

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

Other Business

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Dalphond, seconded by the Honourable Senator Cordy, for the second reading of Bill S-256, An Act to amend the Canada Post Corporation Act (seizure) and to make related amendments to other Acts.

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

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

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Orders No. 26, 27, 28, 29, 30, 31, 32 and 33 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

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Resuming debate on the motion of the Honourable Senator McCallum, seconded by the Honourable Senator Boisvenu, for the second reading of Bill C-226, An Act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice.

After debate,

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

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

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

Private Bills – Second Reading

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

Reports of Committees – Other

Orders No. 27, 30, 31, 33 and 40 were called and postponed until the next sitting.

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Consideration of the eighth report of the Standing Committee on Internal Economy, Budgets and Administration, entitled Amendments to the Senate Administrative Rules, presented in the Senate on May 16, 2023.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Cormier, that the report be adopted.

After debate,

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

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Consideration of the tenth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled Strengthening Canada’s Autonomous Sanctions Architecture: Five-Year Legislative Review of the Sergei Magnitsky Law and the Special Economic Measures Act, tabled in the Senate on May 16, 2023.

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

That the tenth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled Strengthening Canada’s Autonomous Sanctions Architecture: Five-Year Legislative Review of the Sergei Magnitsky Law and the Special Economic Measures Act, tabled in the Senate on Tuesday, May 16, 2023, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Foreign Affairs being identified as the minister responsible for responding to the report, in consultation with the Minister of Public Safety.

After debate,

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

Motions

Orders No. 3 and 4 were called and postponed until the next sitting.

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

That the Standing Senate Standing Committee on Foreign Affairs and International Trade be authorized to examine and report on the situation in Lebanon and determine whether Canada should appoint a special envoy, when and if the committee is formed; and

That the committee submit its final report no later than February 28, 2022.

Ordered: That further debate on the motion be adjourned until the next sitting, in the name of the Honourable Senator Housakos.

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Orders No. 6, 7, 11, 12, 19, 30, 77, 82, 96, 102, 113 and 119 were called and postponed until the next sitting.

Inquiries

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

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Resuming debate on the inquiry of the Honourable Senator Harder, P.C., calling 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,

With leave of the Senate,

Further debate on the inquiry was adjourned until the next sitting, in the name of the Honourable Senator Busson.

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Orders No. 8, 10, 11, 13 and 15 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Cordy moved, seconded by the Honourable Senator Harder, P.C.:

That the Standing Senate Committee on Social Affairs, Science and Technology be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, no later than June 30, 2023, a report related to its study on the Federal Framework for Suicide Prevention, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Senate.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:29 p.m., the Senate was continued until Tuesday, May 30, 2023, at 2 p.m.)

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

Report of the Office of the Parliamentary Budget Officer entitled A Distributional Analysis of the Clean Fuel Regulations, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-1748.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Ringuette replaced the Honourable Senator Galvez (May 17, 2023).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Hartling replaced the Honourable Senator McCallum (May 18, 2023).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Patterson (Nunavut) replaced the Honourable Senator Quinn (May 18, 2023).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Miville-Dechêne replaced the Honourable Senator Moodie (May 17, 2023).