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Journals of the Senate

3 Charles III , A.D. 2024, Canada

1st Session, 44th Parliament

Issue 225 (Unrevised)

Thursday, October 3, 2024
2 p.m.

The Honourable RAYMONDE GAGNÉ, Speaker


The Members convened were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinAudetteBattersBellemareBernardBlackBoehmBoyerBrazeauBureyBussonCardozoCarignanClementCordyCotterCoyleCuznerDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisFridhandlerGagnéGignacGreenwoodHarderHousakosKlyneLaBoucane-BensonLankinLoffredaMacAdamMacDonaldManningMarshallMartinMassicotteMcBeanMcCallumMcNairMcPhedranMégieMiville-DechêneMoreauMuggliOmidvarOslerOudarPatePattersonPettenPlettQuinnRavaliaRichardsRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithSorensenTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)Yussuff

The Members in attendance to business were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinAudetteBattersBellemareBernardBlackBoehmBoyerBrazeauBureyBussonCardozoCarignanClementCordy*CormierCotterCoyleCuzner*DagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisFridhandlerGagnéGignacGreenwoodHarderHousakosKlyneLaBoucane-BensonLankinLoffredaMacAdamMacDonaldManningMarshallMartinMassicotteMcBeanMcCallumMcNairMcPhedranMégieMiville-DechêneMoreauMuggliOmidvarOslerOudarPatePattersonPettenPlettQuinnRavaliaRichards*RinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithSorensenTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)Yussuff

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 Housakos, Chair of the Standing Senate Committee on Transport and Communications, presented the committee’s eleventh report (Bill S-269, An Act respecting a national framework on advertising for sports betting, without amendment).

The Honourable Senator Deacon (Ontario) moved, seconded by the Honourable Senator Busson, 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.

o o o

The Honourable Senator Verner, P.C., presented the following:

Thursday, October 3, 2024

The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its

ELEVENTH REPORT

Your committee, to which was referred Bill C-76, An Act to amend the Canada National Parks Act, has, in obedience to the order of reference of Tuesday, October 1, 2024, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

JOSÉE VERNER

Deputy Chair

Observations to the eleventh report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill C-76)

The committee recognizes the valid, deep seated frustrations and concerns raised by the Indigenous witnesses that appeared before it. We expect that in implementing the bill the government consults all Indigenous nations with ties to Jasper National Park, uphold its fiduciary duties, meet the high standard of the honour of the Crown, and comply with section 35 of the Constitution Act, 1867, which recognizes the treaty rights of Indigenous peoples.

While recognizing the current emergency in Jasper National Park, the committee deplores having to consider legislation in a context where testimony has been heard directly from First Nations groups that the Crown has not met its Duty to Consult.

Because authorities and future financial resources will be provided through the passing of this bill, and questions arose regarding the mitigation activities of the Department of Environment and Climate Change Canada, the federal government must ensure that the recommended measures for wildfire prevention and mitigation are implemented and that this be reported to Parliament annually.

Pursuant to the order adopted by the Senate on September 25, 2024, the bill was placed on the Orders of the Day for third reading later this day.

o o o

The Honourable Senator Omidvar presented the following:

Thursday, October 3, 2024

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

TWENTY-FIFTH REPORT

Your committee, to which was referred Bill C-64, An Act respecting pharmacare, has, in obedience to the order of reference of Tuesday, June 18, 2024, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

RATNA OMIDVAR

Chair

Observations to the twenty-fifth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-64)

Your committee makes the observation that this legislation will not affect the Non-Insured Health Benefits program, as stated by the Minister of Health and as part of Canada’s fiduciary obligations to First Nations and Inuit people.

The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator MacAdam, 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.

Orders of the Day

Pursuant to the order adopted December 7, 2021, the Honourable Senator LaBoucane-Benson informed the Senate that Question Period with the Honourable Marc Miller, P.C., M.P., Minister of Immigration, Refugees and Citizenship, will take place on Tuesday, October 8, 2024, at 4:00 p.m.

Government Business

Bills – Third Reading

Third reading of Bill C-76, An Act to amend the Canada National Parks Act.

The Honourable Senator Sorensen moved, seconded by the Honourable Senator Duncan, that the bill be read for a third time.

After debate,

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

The bill 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, without amendment.

Bills – Reports of Committees

Resuming debate on the motion of the Honourable Senator Cotter, seconded by the Honourable Senator Woo, for the adoption of the twenty-fifth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-15, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, with amendments and observations), presented in the Senate on June 20, 2024.


After debate,

A point of order was raised with respect to the amendments in the report.

After debate,

The Speaker reserved her decision.

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, 172 and 192 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

Bills – Messages from the House of Commons

Consideration of the amendments from the House of Commons concerning 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):

1. Clause 1, pages 1 and 2:

(a)on page 1, replace lines 4 to 17 with the following:

1 (1) Paragraph 515(6)(b.1) of the Criminal Code is replaced by”;

(b)on page 1, replace line 23, in the French version, with the following:

“tenaire intime, s’il a été auparavant condamné”;

(c)on page 2, replace line 1 with the following:

“(2) The Act is amended by adding the following”;

2. Clause 2, pages 2 to 4:

(a)on page 2, replace lines 9 to 12 with the following:

810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information”;

(b)on page 2, replace lines 15 and 16, in the English version, with the following:

“under subsection (1) may cause the parties to appear”;

(c)on page 2, replace line 23 with the following:

“not more than 12 months.”;

(d)on page 2, replace line 30 with the following:

“into the recognizance for a period of not more than two”;

(e)on page 2, add the following after line 31:

(4.1) If the informant or the defendant is Indigenous, the provincial court judge shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided.”;

(f)on page 2, replace lines 32 to 34 with the following:

(5) The provincial court judge may commit the defen-”;

(g)on page 2, replace line 35 with the following:

“dant to prison for a term not exceeding 12 months if the”;

(h)on page 3, replace line 1 with the following:

(6) The provincial court judge may add any reasonable”;

(i)on page 3, replace lines 4 and 5 with the following:

“or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including condi-”;

(j)on page 3, replace line 14 with the following:

(c) to refrain from going to any specified place or being within a specified distance of any specified place, except”;

(k)on page 3, replace line 20 with the following:

“rectly, with the intimate partner, a child of the intimate partner or”;

(l)on page 3, replace line 22, in the English version, with the following:

“intimate partner, except in accordance with any specified”;

(m)on page 3, replace lines 24 and 25 with the following:

(f) to abstain from the consumption of drugs — ex-”;

(n)on page 3, replace line 28 with the following:

(g) to provide, for the purpose of analysis, a sample of”;

(o)on page 3, replace line 38 with the following:

(h) to provide, for the purpose of analysis, a sample of”;

(p)on page 4, replace lines 1 to 5 with the following:

(7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or”;

(q)on page 4, replace lines 14 and 15 with the following:

(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge”;

(r)on page 4, replace lines 22 and 23 with the following:

(9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the”;

(s)on page 4, replace lines 26 and 27 with the following:

(10) A provincial court judge may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in”;

(t)on page 4, replace lines 29 to 31 with the following:

(11) When the defendant makes an application under subsection (10), the provincial court judge must, before varying any conditions, consult the informant and the person on whose behalf the information is laid about their”;

(u)on page 4, replace line 33 with the following:

(12) A warrant of committal to prison for failure or re-”;

3.Clause 3, pages 5 and 6:

(a)on page 5, replace line 10 with the following:

“810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g),”;

(b)on page 5, replace line 15 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i)”;

(c)on page 6, replace line 2 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or”.

4.Clause 6, page 7:

(a)replace line 31 with the following:

(e.1) wears an electronic monitoring device (if the Attorney General has consented to this condition) (sec-”;

(b)replace lines 34 and 35 with the following:

“directly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner,”;

(c)replace line 37 with the following:

“that the judge considers necessary (section 810.03”;

(d)delete lines 39 and 40;

(e)add the following after line 44:

(f.1) refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the judge considers necessary (section 810.03 of the Criminal Code);”;

5.Clause 7, page 8: replace line 13 with the following:

“810.01(4.1)(g), 810.03(7)(h), 810.011(6)(f), 810.1(3.02)(i) and”;

6.Clause 8, page 8: replace lines 18 to 21 with the following:

fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, and a provincial”;

7. New clause 10.1, page 9: add the following before line 23:

10.1 (1) Subsections (2) and (3) apply if Bill C-21, introduced in the 1st session of the 44th Parliament and entitled An Act to amend certain Acts and to make certain consequential amendments (firearms) (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 1(5) of the other Act and section 2 of this Act are in force, subsection 810.03(7) of the Criminal Code is replaced by the following:

(7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

(3) On the first day on which both subsection 13.12(1) of the other Act and subsection 6(2) of this Act are in force, paragraph (c) of Form 32 of Part XXVIII of the Criminal Code after the heading “List of Conditions” is replaced by the following:

(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);”;

8. Clause 11, page 9: delete clause 11.

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:

That, in relation to 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 Senate agree to the amendments made by the House of Commons; and

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

After debate,

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

WRITTEN DECLARATION OF ROYAL ASSENT

At 4:10 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

October 3, 2024

Madam Speaker,

I have the honour to inform you that the Right Honourable Mary May Simon, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 3rd day of October, 2024, at 3:28 p.m.

Yours sincerely,

Ken MacKillop

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bills Assented To

Thursday, October 3, 2024

An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts (Bill C-49, Chapter 20, 2024)

An Act to amend the Canada National Parks Act (Bill C-76, Chapter 21, 2024)


Ordered: That Order No. 192, under ORDERS OF THE DAY, GOVERNMENT BUSINESS, Motions, be again called.

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, October 8, 2024, at 2 p.m.

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

Orders of the Day

Other Business

Senate Public Bills – Third Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Pate, for the third reading of Bill S-235, An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act, as amended.

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

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

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

Commons Public Bills – Third Reading

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

o o o

Third reading of Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material).

The Honourable Senator Batters moved, seconded by the Honourable Senator Seidman, that the bill be read for a third time.

After debate,

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

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

Senate Public Bills – Reports of Committees

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

o o o

Resuming debate on the motion of the Honourable Senator Cotter, seconded by the Honourable Senator Dean, for the adoption of the twenty-seventh report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-250, An Act to amend the Criminal Code (sterilization procedures), with an amendment and observations), presented in the Senate on September 24, 2024.

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

The Honourable Senator Boyer moved, seconded by the Honourable Senator Simons, that the bill, as amended, 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.

Senate Public Bills – Second Reading

Orders No. 1, 2, 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 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).

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

o o o

Orders No. 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 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

Resuming debate on the 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 Martin moved, seconded by the Honourable Senator Seidman, 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.

ADJOURNMENT

With leave of the Senate,

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

That the Senate do now adjourn.

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

(Accordingly, at 4:55 p.m., the Senate was continued until Tuesday, October 8, 2024, at 2 p.m.)

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

Report of the Canadian Air Transport Security Authority, together with the Auditor General’s Report, for the fiscal year ended March 31, 2024, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/44-3425.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Klyne replaced the Honourable Senator Francis (October 3, 2024).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Duncan replaced the Honourable Senator Pate (October 2, 2024).

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