The Members convened were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinAudetteBattersBellemareBernardBlackBoehmBonifaceBoudreauBoyerBrazeauBureyBussonCardozoCarignanClementCordyCormierCotterCoyleCuznerDagenaisDalphondDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisFridhandlerGagnéGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosKingstonKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMartinMassicotteMcBeanMcNairMégieMiville-DechêneMoncionMoodieMuggliOmidvarOslerOudarPatePattersonPetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithSorensenTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)WhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinAudetteBattersBellemareBernardBlackBoehmBonifaceBoudreauBoyerBrazeauBureyBussonCardozoCarignanClementCordyCormierCotterCoyleCuznerDagenaisDalphondDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisFridhandlerGagnéGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosKingstonKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMartinMassicotteMcBeanMcNairMégieMiville-DechêneMoncionMoodieMuggliOmidvarOslerOudarPatePattersonPetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithSorensenTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)WhiteWooYussuff

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 presented the following:

Tuesday, September 24, 2024

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

TWENTY-SEVENTH REPORT

Your committee, to which was referred Bill S-250, An Act to amend the Criminal Code (sterilization procedures), has, in obedience to the order of reference of April 20, 2023, examined the said bill and now reports the same with the following amendments:

1.Clause 1, pages 1 to 3:

(a) On page 1, replace lines 11 to 22 with the following:

“268.1 (1) For greater certainty, a sterilization procedure is an act that wounds or maims a person for the purposes of subsection 268(1).

(2) In this section, sterilization procedure means the severing, clipping, tying or cauterizing, in whole or in part, of the Fallopian tubes, ovaries or uterus of a person or any other procedure performed on a person that results in the permanent prevention of reproduction, regardless of whether the procedure is reversible through a subsequent surgical procedure.”;

(b) on page 2, delete lines 1 to 36; and

(c) on page 3, delete lines 1 to 9.

Respectfully submitted,

Observations to the Twenty-Seventh Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-250)

The committee has consistently reported in the past about how the Criminal Code has been amended in a piecemeal manner for many decades and has become cumbersome, sometimes repetitive, inconsistent, and in need of comprehensive reform. (See, for instance, the committee’s 2017 report Delaying Justice is Denying Justice, at pages 41 to 43.) The committee repeats its past recommendation that an independent body should undertake a comprehensive review of the Criminal Code. The revived Law Commission of Canada could undertake such a review, which should include a study of all provisions in the Code that pertain to crimes against vulnerable persons.

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

Notices of Motions

With leave of the Senate,

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

That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to meet on Tuesday, September 24, 2024, at 5:30 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

Question Period

The Senate proceeded to Question Period.

Delayed Answers

Pursuant to rule 4-9(7), the Honourable Senator LaBoucane-Benson tabled the following:

Response to Question No. 179, dated December 13, 2022, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the tariff rate on fertilizer.—Sessional Paper No. 1/44-3365S.

Response to Question No. 198, dated February 2, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Asian Infrastructure Investment Bank.—Sessional Paper No. 1/44-3366S.

Response to Question No. 237, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Asian Infrastructure Investment Bank.—Sessional Paper No. 1/44-3367S.

Response to Question No. 240, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Department of Finance Canada.—Sessional Paper No. 1/44-3368S.

Response to Question No. 255, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Canada Growth Fund.—Sessional Paper No. 1/44-3369S.

Response to Question No. 261, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding non-disclosure agreements — National Defence.—Sessional Paper No. 1/44-3370S.

Response to Question No. 261, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding non-disclosure agreements — Department of Finance Canada.—Sessional Paper No. 1/44-3371S.

Response to Question No. 261, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding non-disclosure agreements — Innovation, Science and Economic Development Canada.—Sessional Paper No. 1/44-3372S.

Response to Question No. 261, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding non-disclosure agreements — Department of Justice Canada.—Sessional Paper No. 1/44-3373S.

Response to Question No. 261, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding non-disclosure agreements — Privy Council Office.—Sessional Paper No. 1/44-3374S.

Response to Question No. 261, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding non-disclosure agreements — Public Services and Procurement Canada.—Sessional Paper No. 1/44-3375S.

Response to Question No. 261, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding non-disclosure agreements — Treasury Board of Canada Secretariat.—Sessional Paper No. 1/44-3376S.

Response to Question No. 266, dated September 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the 2022 Public Order Emergency.—Sessional Paper No. 1/44-3377S.

Response to Question No. 271, dated November 2, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Bank of Canada.—Sessional Paper No. 1/44-3378S.

Response to Question No. 277, dated November 2, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Canada Development Investment Corporation.—Sessional Paper No. 1/44-3379S.

Response to Question No. 278, dated November 2, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Canada Deposit Insurance Corporation.—Sessional Paper No. 1/44-3380S.

Orders of the Day

Government Business

Bills – Reports of Committees

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

Bills – Second Reading

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

Reports of Committees – Other

Orders No. 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26 and 27 were called and postponed until the next sitting.

Motions

Orders No. 1, 132, 167 and 172 were called and postponed until the next sitting.

Inquiries

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

Other Business

Senate Public Bills – Third Reading

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

Commons Public Bills – Third Reading

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

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 and 15 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Seidman, for the second reading of Bill S-266, An Act to amend the Criminal Code and the Sex Offender Information Registration Act.

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.

o o o

Orders No. 17, 18, 19, 20, 21 and 22 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 Petitclerc, for the second reading of Bill S-278, An Act to amend the Special Economic Measures Act (disposal of foreign state assets).

After debate,

The Honourable Senator Patterson moved, seconded by the Honourable Senator Dagenais, 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. 24, 25, 26 and 27 were called and postponed until the next sitting.

o o o

Second reading of Bill S-286, An Act respecting National Immigration Month.

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

After debate,

The Honourable Senator Ataullahjan 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.

o o o

Orders No. 29 and 30 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

Reports of Committees – Other

Orders No. 31, 33, 40 and 62 were called and postponed until the next sitting.

o o o

Consideration of the sixth report (interim) of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled Summary of Evidence: Committee Structure and Mandates, tabled in the Senate on February 28, 2024.

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that further debate on the consideration of the report 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 Martin, for the Honourable Senator Manning, seconded by the Honourable Senator Seidman:

That the eighth report of the Standing Senate Committee on Fisheries and Oceans, entitled Sealing the Future: A Call to Action, deposited with the Clerk of the Senate on Thursday, May 23, 2024, 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 Fisheries, Oceans and the Canadian Coast Guard being identified as the minister responsible for responding to the report, in consultation with the Minister of Foreign Affairs.

After debate,

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

o o o

Resuming debate on the motion of the Honourable Senator Klyne, seconded by the Honourable Senator Bellemare, for the adoption of the twelfth report (interim) of the Standing Committee on Audit and Oversight, entitled Implementation of the risk-based internal audit plan, presented in the Senate on June 17, 2024.

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.

o o o

Order No. 73 was called and postponed until the next sitting.

Motions

Orders No. 4, 5, 6 and 7 were 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.

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

o o o

Orders No. 12, 19, 30, 77, 96, 107, 147, 172, 181, 202 and 216 were called and postponed until the next sitting.

Inquiries

Orders No. 1, 3, 4, 5, 8, 12, 13, 14, 16, 17, 18, 20, 21, 22 and 26 were called and postponed until the next sitting.

MOTIONS

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

That the Senate express the view that it should not adopt any bill that contains a declaration pursuant to section 33 of the Canadian Charter of Rights and Freedoms, commonly known as the “notwithstanding clause.”

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.

o o o

The Honourable Senator Manning moved, seconded by the Honourable Senator Batters:

That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and report on the Great Lakes Fishery Commission and its work;

That the committee report its findings to the Senate from time to time and submit its final report no later than May 30, 2025;

That the committee retain all powers necessary to publicize its findings for 180 days after the final report is tabled; 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.

o o o

The Honourable Senator Manning moved, seconded by the Honourable Senator Batters:

That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and report on ocean carbon sequestration and its use in Canada;

That the committee report its findings to the Senate from time to time and submit its final report no later than May 30, 2025;

That the committee retain all powers necessary to publicize its findings for 180 days after the final report is tabled; 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.

o o o

The Honourable Senator Cotter moved, seconded by the Honourable Senator Petitclerc:

That pursuant to section 18.1 of the Canada Elections Act, the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on Elections Canada’s plans for a pilot project to include Inuktut on federal election ballots in the electoral district of Nunavut; and

That the committee have permission, 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.

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.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:31 p.m., the Senate was continued until tomorrow at 2 p.m.)

DECLARATIONS OF PRIVATE INTERESTS

Pursuant to rule 15-7(1) and subsection 12(1) of the Ethics and Conflict of Interest Code for Senators, a declaration of private interest was made as follows:

The Honourable Senator Anderson, respecting Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, by written declaration in the Standing Senate Committee on National Security, Defence and Veterans Affairs on September 23, 2024.

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

Copy of the Regulations Amending the Special Economic Measures (Hamas Terrorist Attacks) Regulations (P.C. 2024-1006), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-3357.

Copy of the Regulations Amending the Special Economic Measures (Iran) Regulations (P.C. 2024-1005), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-3358.

Copy of the Regulations Amending the Special Economic Measures (Extremist Settler Violence) Regulations (P.C. 2024-1007), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-3359.

Amendments to the Management Plan for Kluane National Park and Reserve of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(2).—Sessional Paper No. 1/44-3360.

Reports of the Office of the Information Commissioner of Canada for the fiscal year ended March 31, 2024, 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. 1/44-3361.

Reports of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2024, 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. 1/44-3362.

Report of the Canadian Centre for Occupational Health and Safety, together with the Auditors’ Report, for the fiscal year ended March 31, 2024, pursuant to the Canadian Centre for Occupational Health and Safety Act, R.S.C. 1985, c. C-13, sbs. 26(2).—Sessional Paper No. 1/44-3363.

Actuarial Report of the Office of the Superintendent of Financial Institutions on the Canada Student Loans Program dated July 31, 2023, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, s. 19.1.—Sessional Paper No. 1/44-3364.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Kutcher replaced the Honourable Senator Miville-Dechêne (September 24, 2024).

The Honourable Senator Woo replaced the Honourable Senator Galvez (September 23, 2024).

The Honourable Senator Saint-Germain replaced the Honourable Senator McCallum (September 23, 2024).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Greene replaced the Honourable Senator Robinson (September 20, 2024).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Forest replaced the Honourable Senator Oudar (September 23, 2024).

The Honourable Senator Boyer was removed from the membership of the committee, substitution pending (September 20, 2024).

Standing Senate Committee on National Security, Defence and Veterans Affairs

The Honourable Senator Anderson replaced the Honourable Senator Dalphond (September 24, 2024).

The Honourable Senator Dasko replaced the Honourable Senator Omidvar (September 24, 2024).

The Honourable Senator Kutcher replaced the Honourable Senator McNair (September 24, 2024).

The Honourable Senator Dalphond replaced the Honourable Senator Anderson (September 23, 2024).

The Honourable Senator Omidvar replaced the Honourable Senator Dasko (September 23, 2024).

Standing Senate Committee on Transport and Communications

The Honourable Senator Klyne replaced the Honourable Senator Cuzner (September 24, 2024).

The Honourable Senator Deacon (Ontario) was added to the membership (September 23, 2024).