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Journals of the Senate

2 Charles III , A.D. 2023, Canada

1st Session, 44th Parliament

Issue 146 (Unrevised)

Wednesday, October 4, 2023
2 p.m.

The Honourable RAYMONDE GAGNÉ, Speaker


The Members convened were:

The Honourable Senators

ArnotBattersBellemareBlackBoehmBoisvenuBonifaceBoyerBrazeauBureyBussonCarignanClementCordyCormierCotterDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisForestFrancisGagnéGalvezGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMarshallMartinMassicotteMcCallumMcPhedranMégieMiville-DechêneMocklerMoncionOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PettenPlettPoirierProsperQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithTannasVernerWallinWellsWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

Arnot*AtaullahjanBattersBellemareBlackBoehmBoisvenuBonifaceBoyerBrazeauBureyBussonCarignanClementCordyCormierCotterDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisForestFrancisGagnéGalvezGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMarshallMartinMassicotteMcCallumMcPhedranMégieMiville-DechêneMocklerMoncion*MoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PettenPlettPoirierProsperQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithTannasVernerWallinWellsWhiteWooYussuff

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 Documents

The Honourable Senator LaBoucane-Benson tabled the following:

Government response to the fourth report of the Standing Senate Committee on Human Rights, entitled Human Rights of Federally-Sentenced Persons, tabled in the Senate on June 16, 2021, during the Second Session of the Forty-third Parliament.—Sessional Paper No. 1/44-1955S.

(Pursuant to rule 12-23(4), the report and the response were deemed referred to the Standing Senate Committee on Human Rights.)

Introduction and First Reading of Senate Public Bills

The Honourable Senator Omidvar introduced Bill S-278, An Act to amend the Special Economic Measures Act (disposal of foreign state assets).

The bill was read the first time.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Clement, 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 Omidvar introduced Bill S-279, An Act to amend the Income Tax Act (data on registered charities).

The bill was read the first time.

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

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Reports of Committees – Other

Orders No. 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17 were called and postponed until the next sitting.

Motions

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

o o o

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

That, notwithstanding any provision of the Rules, previous order, or usual practice, until the end of the day on June 30, 2024, any joint committee be authorized to hold hybrid meetings, with the provisions of the order of February 10, 2022, concerning such meetings, having effect; and

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

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. 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 and 4 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 Plett, for the second reading of Bill S-221, An Act to amend the Governor General’s Act (retiring annuity and other benefits).

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

o o o

Orders No. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6 and 7 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. 31 and 33 were called and postponed until the next sitting.


Ordered : That Order No. 27, under OTHER BUSINESS, Senate Public Bills - Second Reading, be again called.

Second reading of Bill S-271, An Act to amend the Royal Canadian Mounted Police Act.

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

After debate,

The Honourable Senator McPhedran 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.

Reports of Committees – Other

Orders No. 40, 48, 49, 51, 52, 53 and 54 were called and postponed until the next sitting.

Motions

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

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.

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

o o o

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

o o o

Resuming debate on the motion of the Honourable Senator Patterson (Nunavut), seconded by the Honourable Senator Greene:

Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;

Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;

Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;

Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;

Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;

Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;

Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only 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 Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;

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 Schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.(1) Paragraph (3) of section 23 of the Constitution Act, 1867 is repealed.

(2) Section 23 of the Act is amended by replacing the semi-colon at the end of paragraph (5) with a period and by repealing paragraph (6).

2.The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:

I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.

3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Real property qualification of Senators).

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

o o o

Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Black:

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

1.except as provided in this order, the question not be put on the motion for third reading of a government bill unless the orders for resuming debate at second and third reading have, together, been called at least three times, in addition to the sittings at which the motions for second and third readings were moved;

2.when a government bill has been read a first time, and before a motion is moved to set the date for second reading, the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate may, without notice, move that the bill be deemed an urgent matter, and that the provisions of paragraph 1 of this order not apply to proceedings on the bill; and

3.when a motion has been moved pursuant to paragraph 2 of this order, the following provisions apply:

(a)the debate shall only deal with whether the bill should be deemed an urgent matter or not;

(b)the debate shall not be adjourned;

(c)the debate shall last a maximum of 20 minutes;

(d)no senator shall speak for more than 5 minutes;

(e)no senators shall speak more than once;

(f)the debate shall not be interrupted for any purpose, except for the reading of a message from the Crown or an event announced in such a message;

(g)the debate may continue beyond the ordinary time of adjournment, if necessary, until the conclusion of the debate and consequential business;

(h)the time taken in debate and for any vote shall not count as part of Routine Proceedings;

(i)no amendment or other motion shall be received, except a motion that a certain senator be now heard or do now speak;

(j)when debate concludes or the time for debate expires, the Speaker shall put the question; and

(k)any standing vote requested shall not be deferred, and the bells shall ring for only 15 minutes.

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

o o o

Orders No. 68, 77, 82, 96, 107, 113, 131 and 134 were called and postponed until the next sitting.

Inquiries

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

o o o

Resuming debate on the inquiry of the Honourable Senator Coyle, calling the attention of the Senate to the importance of finding solutions to transition Canada’s society, economy and resource use in pursuit of a fair, prosperous, sustainable and peaceful net-zero emissions future for our country and the planet.

The Honourable Senator Clement moved, seconded by the Honourable Senator Saint-Germain, 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

Orders No. 5, 8, 10, 11, 13 and 15 were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Manning called the attention of the Senate to the life of Gordon Pinsent.

The Honourable Senator Manning moved, seconded by the Honourable Senator Batters, 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 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 3:53 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Reports of the Canadian Accessibility Standards Development Organization for the fiscal year ended March 31, 2023, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 94(2) and to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/44-1954.

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