Journals of the Senate
2 Charles III , A.D. 2023, Canada
1st Session, 44th Parliament
Issue 165 (Unrevised)
Thursday, November 30, 2023
2 p.m.
The Honourable RAYMONDE GAGNÉ, Speaker
The Members convened were:
The Honourable Senators
ArnotAtaullahjanAucoinAudetteBattersBellemareBernardBoehmBoisvenuBoyerBureyBussonCardozoClementCordyCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Ontario)DeanDuncanDupuisForestFrancisGagnéGerbaGignacGoldGreenwoodHarderJafferKingstonKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldMarshallMartinMassicotteMcCallumMcNairMcPhedranMégieMiville-DechêneMoncionMoodieOhOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRossSaint-GermainSeidmanSimonsSmithVernerWallinWellsWhiteWooYussuff
The Members in attendance to business were:
The Honourable Senators
ArnotAtaullahjanAucoinAudetteBattersBellemareBernardBoehmBoisvenuBoyerBureyBussonCardozoClementCordy*CormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Ontario)DeanDuncanDupuisForestFrancisGagnéGerbaGignacGoldGreenwoodHarderJafferKingstonKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldMarshallMartinMassicotteMcCallumMcNairMcPhedranMégieMiville-DechêneMoncionMoodieOhOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRossSaint-GermainSeidmanSimonsSmithVernerWallinWellsWhiteWooYussuff
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 Cotter, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled the eighteenth report of the committee, entitled Report on the report on the Statutes Repeal Act for the year 2023.—Sessional Paper No. 1/44-2451S.
The Honourable Senator Cotter presented the following:
Thursday, November 30, 2023
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
NINETEENTH REPORT
Your committee, to which was referred Bill S-13, An Act to amend the Interpretation Act and to make related amendments to other Acts, has, in obedience to the order of reference of Wednesday, September 27, 2023, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.
Respectfully submitted,
BRENT COTTER
Chair
Observations to the Nineteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-13)
The government of Canada’s Action Plan to implement the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP Act) includes a potential future amendment to the Interpretation Act to add a provision that would specifically provide for the use of the UNDRIP Act when interpreting all federal legislation. Many witnesses stressed the importance of the proposed interpretative provision in recognizing and respecting the human rights of Indigenous peoples. A few witnesses raised concerns regarding inadequate consultation on Bill S-13. Many witnesses categorically emphasized the necessity of full and complete consultation with Indigenous peoples when implementing the Action Plan, including with respect to amendments to the Interpretation Act.
This committee invites the federal government to initiate without delay the meaningful, thorough, and purposeful consultation with Indigenous peoples that is required to uphold the consultation and collaboration obligations under the UNDRIP Act in the implementation of the government’s Action Plan.
The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Gold, P.C., 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.
The Honourable Senator Cotter, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented the twentieth report of the committee (Budget—special expenses budget).
(The report is printed as an appendix at pages 2248-2252 (available in print format PDF).)
(The HTML version of the report is available on the committee website.)
The Honourable Senator Cotter moved, seconded by the Honourable Senator Boyer, 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with Bill C-275, An Act to amend the Health of Animals Act (biosecurity on farms), to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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
Other Business
Reports of Committees – Other
Resuming debate on the motion of the Honourable Senator Seidman, seconded by the Honourable Senator Poirier, for the adoption of the first report of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Consideration of an Inquiry Report from the Senate Ethics Officer, presented in the Senate on November 21, 2023.
After debate,
The question being put on the motion, it was adopted on division.
Accordingly, the Senate censured the Honourable Senator MacDonald in relation to those matters outlined in the first report of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Consideration of an Inquiry Report from the Senate Ethics Officer, presented in the Senate on November 21, 2023.
Government Business
Bills – Third Reading
Resuming debate on the motion of the Honourable Senator Audette, seconded by the Honourable Senator LaBoucane-Benson, for the third reading of Bill C-29, An Act to provide for the establishment of a national council for reconciliation, as amended.
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.
Order No. 2 was called and postponed until the next sitting.
Bills – Second Reading
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gignac, seconded by the Honourable Senator Klyne, for the second reading of Bill C-34, An Act to amend the Investment Canada Act.
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.
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
Orders No. 1, 131 and 132 were called and postponed until the next sitting.
The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Audette:
That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, December 5, 2023, at 2 p.m.
The question being put on the motion, it was adopted.
Inquiries
Orders No. 3, 4, 5 and 6 were called and postponed until the next sitting.
Other Business
Senate Public Bills – Third Reading
Order No. 1 was called and postponed until the next sitting.
Commons Public Bills – Third Reading
Resuming debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Batters, for the third reading of Bill C-234, An Act to amend the Greenhouse Gas Pollution Pricing Act.
And on the motion in amendment of the Honourable Senator Dalphond, seconded by the Honourable Senator Cordy:
That Bill C-234 be not now read a third time, but that it be amended,
(a) in clause 1,
(i) on page 1, by replacing lines 4 to 15 with the following:
“1 (1) Paragraph (c) of the definition eligible farming machinery in section 3 of the Greenhouse Gas Pollution Pricing Act is replaced by the”,
(ii) on page 2, by deleting lines 1 to 10;
(b) in clause 2, on page 2, by replacing line 22 with the following:
“2 (1) Subsections 1(2.1) and (5) come”.
After debate,
The question was put on the motion in amendment.
Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.
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 and 10 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Ravalia, for the second reading of Bill S-239, An Act to amend the Criminal Code (criminal interest rate).
Ordered: That further debate on the motion be adjourned until the next sitting, in the name of the Honourable Senator Petitclerc.
Orders No. 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Deacon (Ontario), seconded by the Honourable Senator Busson, for the second reading of Bill S-269, An Act respecting a national framework on advertising for sports betting.
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.
Orders No. 26, 27, 28 and 29 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator McCallum, seconded by the Honourable Senator White, for the second reading of Bill S-274, An Act to establish National Thanadelthur Day.
Ordered: That further debate on the motion be adjourned until the next sitting, in the name of the Honourable Senator McPhedran.
Orders No. 31, 32, 33, 34, 35, 36, 37 and 38 were called and postponed until the next sitting.
Commons Public Bills – Second Reading
Orders No. 1, 2 and 3 were called and postponed until the next sitting.
Second reading of Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children).
The Honourable Senator Dasko moved, seconded by the Honourable Senator Coyle, that the bill be read the second time.
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.
Second reading of Bill C-280, An Act to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act (deemed trust — perishable fruits and vegetables).
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Boisvenu, that the bill be read the second time.
After debate,
The Honourable Senator Clement moved, seconded by the Honourable Senator Petitclerc, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 6 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gerba, seconded by the Honourable Senator Klyne, for the second reading of Bill C-282, An Act to amend the Department of Foreign Affairs, Trade and Development Act (supply management).
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.
Second reading of Bill C-284, An Act to establish a national strategy for eye care.
The Honourable Senator Ravalia moved, seconded by the Honourable Senator Woo, that the bill be read the second time.
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.
Order No. 9 was called and postponed until the next sitting.
Ordered: That consideration of Order No. 10 be postponed until the next sitting of the Senate.
Reports of Committees – Other
Orders No. 31, 33, 40, 48, 51 and 53 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Francis, seconded by the Honourable Senator Bellemare:
That the fourteenth report of the Standing Senate Committee on Indigenous Peoples, entitled Honouring the Children Who Never Came Home: Truth, Education and Reconciliation, deposited with the Clerk of the Senate on Wednesday, July 19, 2023, be adopted and that, pursuant to rule 12-23(1), the Senate request a complete and detailed response from the government, with the Minister of Crown-Indigenous Relations being identified as minister responsible for responding to the report, in consultation with the Minister of Indigenous Services Canada and the Minister of Canadian Heritage.
The question being put on the motion, it was adopted.
Consideration of the sixth report (interim) of the Standing Senate Committee on Human Rights, entitled Combatting Hate: Islamophobia and its impact on Muslims in Canada, deposited with the Clerk of the Senate on November 2, 2023.
The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Martin:
That the sixth report of the Standing Senate Committee on Human Rights, entitled Combatting Hate: Islamophobia and its impact on Muslims in Canada, deposited with the Clerk of the Senate on November 2, 2023, be adopted and that, pursuant to rule 12-23(1), the Senate request a complete and detailed response from the government, with the Minister of Diversity, Inclusion and Persons with Disabilities being identified as minister responsible for responding to the report, in consultation with the Deputy Prime Minister and Minister of Finance, the Minister of Canadian Heritage, the Minister of National Revenue, the Minister of Justice and Attorney General of Canada, the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, and the President of the Treasury Board.
The question being put on the motion, it was adopted.
Order No. 56 was called and postponed until the next sitting.
Consideration of the sixteenth report (interim) of the Standing Senate Committee on Indigenous Peoples, entitled Voices of Youth Indigenous Leaders 2023: Celebrating Leadership in Indigenous Education, deposited with the Clerk of the Senate on November 15, 2023.
The Honourable Senator Francis moved, seconded by the Honourable Senator Cardozo, that the report be adopted.
The question being put on the motion, it was adopted.
Motions
Orders No. 3, 4, 5, 6, 7, 11, 12, 19, 30, 68, 77, 82, 96 and 107 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kutcher, seconded by the Honourable Senator Cormier:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the negative impact of health disinformation and misinformation on Canadian society and what effective measures can be implemented to counter this impact; and
That the committee submit its final report on this study to the Senate no later than May 31, 2024, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
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.
Ordered, That motion No. 155 standing in the name of the Honourable Senator Boehm; motion No. 158 standing in the name of the Honourable Senator Francis; and motion No. 164 standing in the name of the Honourable Senator Housakos on the Notice Paper be brought forward.
The Honourable Senator Boehm moved, seconded by the Honourable Senator Petten:
That the Standing Senate Committee on Foreign Affairs and International Trade be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, no later than December 29, 2023, its final report relating to its study on the Canadian foreign service and elements of the foreign policy machinery within Global Affairs Canada, 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.
The Honourable Senator Francis moved, seconded by the Honourable Senator Dalphond:
That the Standing Senate Committee on Indigenous Peoples be authorized to examine and report on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act, 2021 by Canada and First Nations, Inuit and Metis peoples, including, but not limited to any of the priorities raised within the Government of Canada’s United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, 2023;
That the committee report to the Senate no later than October 30, 2025;
That the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report; and
That the committee be permitted, notwithstanding usual practices, to deposit reports on this study with the Clerk of the Senate if the Senate is not then sitting, and that the reports be deemed to have been tabled in the Senate.
The question being put on the motion, it was adopted.
The Honourable Senator Miville-Dechêne moved, for the Honourable Senator Housakos, seconded by the Honourable Senator Boehm:
That, notwithstanding the order of the Senate adopted on Thursday, February 10, 2022, the date for the final report of the Standing Senate Committee on Transport and Communications in relation to its study on the impacts of climate change on critical infrastructure in the transportation and communications sectors and the consequential impacts on their interdependencies be extended from November 30, 2023, to November 30, 2024.
The question being put on the motion, it was adopted.
ADJOURNMENT
With leave of the Senate,
The Honourable Senator Plett moved, seconded by the Honourable Senator Martin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:50 p.m., the Senate was continued until Tuesday, December 5, 2023, at 2 p.m.)
DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)
Report of the Canadian Dairy Commission for the dairy year ending July 31, 2023, together with the Auditor General’s Report, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/44-2449.
Report on the ten-year review of the Business Development Bank of Canada Act, pursuant to the Act, S.C. 1995, c. 28, sbs. 36(2).—Sessional Paper No. 1/44-2450.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Commerce and the Economy
The Honourable Senator Petten replaced the Honourable Senator Clement (November 30, 2023).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Greene replaced the Honourable Senator Patterson (Ontario) (November 30, 2023).
The Honourable Senator Greenwood replaced the Honourable Senator Boniface (November 30, 2023).
Standing Senate Committee on Indigenous Peoples
The Honourable Senator Hartling replaced the Honourable Senator Boniface (November 30, 2023).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator MacDonald replaced the Honourable Senator Marshall (November 30, 2023).
Special Joint Committee on Medical Assistance in Dying
The Honourable Senator Wallin replaced the Honourable Senator Osler (November 30, 2023).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Cormier replaced the Honourable Senator Greenwood (November 30, 2023).
Standing Senate Committee on Transport and Communications
The Honourable Senator Harder, P.C., replaced the Honourable Senator Klyne (November 29, 2023).