The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNgoOgilvieOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNgoOgilvieOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWellsWhite

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

The Senate observed a minute of silence in memory of the Honourable Rod A. A. Zimmer, former Senator, who passed away on June 7, 2016.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Plett presented the following:

Wednesday, June 8, 2016

The Committee of Selection has the honour to present its

FOURTH REPORT

1. Pursuant to rule 12-2(4)(b) of the Rules of the Senate, your committee recommends a change of membership to the following committees:

Standing Senate Committee on Aboriginal Peoples

That the Honourable Senator Sinclair replace the Honourable Senator Sibbeston as a member of the committee and that the Honourable Senator Meredith be added as a member of the committee.

Standing Senate Committee on Agriculture and Forestry

That the Honourable Senators Gagné and Pratte be added as members of the committee.

Standing Senate Committee on Banking, Trade and Commerce

That the Honourable Senator Cowan be added as a member of the committee.

Standing Senate Committee on Energy, the Environment and Natural Resources

That the Honourable Senator Fraser be added as a member of the committee.

Standing Senate Committee on Fisheries and Oceans

That the Honourable Senators Sinclair and Wallace be added as members of the committee.

Standing Senate Committee on Foreign Affairs and International Trade

That the Honourable Senator Cools be added as a member of the committee.

Standing Senate Committee on Human Rights

That the Honourable Senators Gagné and Omidvar be added as members of the committee.

Standing Committee on Internal Economy, Budgets and Administration

That the Honourable Senator Wallace be added as a member of the committee.

Standing Senate Committee on Legal and Constitutional Affairs

That the Honourable Senator Sinclair be added as a member of the committee.

Standing Senate Committee on National Finance

That the Honourable Senators Cools and Pratte be added as members of the committee.

Standing Senate Committee on National Security and Defence

That the Honourable Senators Meredith and McCoy be added as members of the committee.

Standing Senate Committee on Official Languages

That the Honourable Senator Gagné be added as a member of the committee.

Standing Committee on Rules, Procedures and the Rights of Parliament

That the Honourable Senator Wallace replace the Honourable Senator Cools as a member of the committee and that the Honourable Senator Lankin, P.C., be added as a member of the committee.

Standing Joint Committee for the Scrutiny of Regulations

That the Honourable Senator Omidvar replace the Honourable Senator McCoy as a member of the committee.

Standing Senate Committee on Social Affairs, Science and Technology

That the Honourable Senator Petitclerc be added as a member of the committee.

Standing Senate Committee on Transport and Communications

That the Honourable Senator McCoy be added as a member of the committee.

2. Pursuant to the motion adopted by the Senate on December 11, 2015, and rule 12-2(4)(b) of the Rules of the Senate, that the Honourable Senator Tkachuk replace the Honourable Senator Bellemare as a member of the Special Committee on Senate Modernization.

Respectfully submitted,

With leave,

The Senate proceeded to the consideration of the report.

The Honourable Senator Plett moved, seconded by the Honourable Senator Carignan, P.C., that the report be adopted.

After debate,

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

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

o o o

The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled the fifth report (interim) of the committee, entitled: Perspectives on the Situation in Venezuela.—Sessional Paper No. 1/42-354S.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, 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.

Orders of the Day

Government Business

Motions

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

That the Senate adopt the following resolution, established by Order of the Governor General in Council on April 19, 2016, for the purposes of subsection 15(2) of the Fair Rail for Grain Farmers Act:

“That, pursuant to subsection 15(1) of the Fair Rail for Grain Farmers Act, the coming into force of subsections 5.1(2), 6(2), 7(2), 8(2), 9(2), 10(2), 11(2) and 12(2) of that Act on August 1, 2016 be postponed for a period of one year.”

After debate,

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

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare, for the second reading of Bill C-11, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities).

After debate,

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

The bill was then read the second time.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Baker, P.C., that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.

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

Motions

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

That, with respect to debate on third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), given its importance and complexity; given the identifiable themes including eligibility, safeguards, advance requests, regulations and guidelines; and given that many Senators have already prepared and voluntarily shared their amendments; the following process be followed, notwithstanding any rule or usual practice:

That debate be organized generally around the themes;

That Senators be allowed to speak any number of times during debate and to move more than one amendment or sub-amendment;

That Senators be allowed to move amendments or sub-amendments within a particular theme;

That Senators be allowed to move amendments or sub-amendments to any part of the bill outside a particular theme;

That, until the final general debate provided for later in this motion, all senators have a maximum of 15 minutes to speak in any debate relating to the bill, except for the sponsor, who shall have 45 minutes for his initial speech;

That multiple amendments prepared within a theme be arranged in an order that reflects their breadth and scope;

That the amendment with the most evident breadth and scope be moved first to begin the debate on the relevant theme;

That only one amendment or sub-amendment be debated at a time;

That at the end of the debate on the first amendment within a theme, modified or not by a sub-amendment, a vote be taken and, depending on the outcome, other amendments and relevant sub-amendments be proposed or not until all of the amendments within the particular theme be moved, voted or otherwise disposed of;

That, at the conclusion of debate on the bill and its clauses and on any of the amendments and sub-amendments, debate proceed to the preamble of Bill C-14;

That any amendments moved to the preamble accord with decisions already taken;

That at any time, the Speaker be allowed to suspend the sitting in order to have time to establish the proper text of the bill resulting from the adoption of an amendment and its consequential effects;

That any standing vote requested before the final general debate on the bill take place according to normal procedures, except that it shall not be deferred;

That, once no more senators wish to move amendments, a final general debate on third reading occur, without senators being able to move any further amendment or to adjourn the debate;

That the usual rules for speaking in debate apply during this final general debate, provided that one critic from the independent senators also have the 45 minutes provided for the critics of this bill; and

That, at the joint request of the Government and Opposition Whips, any final standing vote requested following the final general debate be deferred to a time indicated by the whips, but shall not otherwise be deferred.

Ordered, That the sitting be suspended to reassemble at the call of the chair, with a 2 minute bell.

(Accordingly, at 3:30 p.m., the sitting was suspended.)

At 3:57 p.m., the sitting resumed.

After debate,

In amendment, the Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif:

That the sixth paragraph of the motion, which starts with the words “That, until the final general debate”, be amended to read as follows:

“That, until the final general debate provided for later in this motion, all senators have a maximum of 15 minutes to speak in any debate relating to the bill, except for the sponsor and the critics, including one critic from the independent senators, who shall have 45 minutes either for their initial speech or for their speech during the final general debate, at their choice;”; and

That the second last paragraph be amended to read as follows:

“That the usual rules for speaking in debate apply during this final general debate, subject to the provisions of this motion; and”.

After debate,

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

The question was put on the motion, as amended, of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare:

That, with respect to debate on third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), given its importance and complexity; given the identifiable themes including eligibility, safeguards, advance requests, regulations and guidelines; and given that many Senators have already prepared and voluntarily shared their amendments; the following process be followed, notwithstanding any rule or usual practice:

That debate be organized generally around the themes;

That Senators be allowed to speak any number of times during debate and to move more than one amendment or sub-amendment;

That Senators be allowed to move amendments or sub-amendments within a particular theme;

That Senators be allowed to move amendments or sub-amendments to any part of the bill outside a particular theme;

That, until the final general debate provided for later in this motion, all senators have a maximum of 15 minutes to speak in any debate relating to the bill, except for the sponsor and the critics, including one critic from the independent senators, who shall have 45 minutes either for their initial speech or for their speech during the final general debate, at their choice;

That multiple amendments prepared within a theme be arranged in an order that reflects their breadth and scope;

That the amendment with the most evident breadth and scope be moved first to begin the debate on the relevant theme;

That only one amendment or sub-amendment be debated at a time;

That at the end of the debate on the first amendment within a theme, modified or not by a sub-amendment, a vote be taken and, depending on the outcome, other amendments and relevant sub-amendments be proposed or not until all of the amendments within the particular theme be moved, voted or otherwise disposed of;

That, at the conclusion of debate on the bill and its clauses and on any of the amendments and sub-amendments, debate proceed to the preamble of Bill C-14;

That any amendments moved to the preamble accord with decisions already taken;

That at any time, the Speaker be allowed to suspend the sitting in order to have time to establish the proper text of the bill resulting from the adoption of an amendment and its consequential effects;

That any standing vote requested before the final general debate on the bill take place according to normal procedures, except that it shall not be deferred;

That, once no more senators wish to move amendments, a final general debate on third reading occur, without senators being able to move any further amendment or to adjourn the debate;

That the usual rules for speaking in debate apply during this final general debate, subject to the provisions of this motion; and

That, at the joint request of the Government and Opposition Whips, any final standing vote requested following the final general debate be deferred to a time indicated by the whips, but shall not otherwise be deferred.

The motion, as amended, was adopted.

Bills – Third Reading

Third reading of Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying).

The Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Harder, P.C., that the bill be read for a third time.

After debate,

In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Tardif:

That Bill C-14 be not now read a third time, but that it be amended in clause 3,

(a)on page 5,

(i)by adding after line 6 the following:

“irremediable, in respect of a medical condition, means not remediable by any treatment that is acceptable to the person who has the medical condition. (irrémédiable)”, and

(ii)by replacing line 36 with the following:

“condition — including an illness, disease or disability — that causes enduring suffering that is intolerable to them in the circumstances of their condition;”; and

(b)on page 6,

(i)by deleting lines 6 to 21, and

(ii)by replacing line 35 with the following:

“condition, and after the condition had begun to cause enduring suffering that is intolerable to the person;”.

After debate,

The question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

BlackBoisvenuCampbellCarignanCowanDagenaisDayDowneDyckEggletonFraserFrumGreeneJafferJohnsonJoyalLangLankinMaltaisMassicotteMcInnisMcIntyreMercerMocklerMooreMunsonOgilvieOmidvarPetitclercPratteRaineRinguetteRivardSeidmanSmithStewart OlsenTannasTardifWallinWellsWhite—41

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBeyakCoolsCordyDoyleEatonEnvergaGagnéHarderHousakosMacDonaldManningMarshallMartinMerchantMeredithMitchellNgoOhPattersonPlettPoirierRuncimanTkachukUngerWallaceWatt—30

ABSTENTIONS

The Honourable Senators

Nil

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 9:33 p.m., the Senate was continued until tomorrow at 1:30 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Martin was added to the membership (June 8, 2016).

The Honourable Senator Oh was added to the membership (June 8, 2016).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Doyle was added to the membership (June 8, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Lovelace Nicholas was removed from the membership of the committee, substitution pending (June 8, 2016).

Standing Senate Committee on Human Rights

The Honourable Senator Frum was removed from the membership of the committee, substitution pending (June 8, 2016).

The Honourable Senator Cordy was removed from the membership of the committee, substitution pending (June 8, 2016).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Doyle was removed from the membership of the committee, substitution pending (June 8, 2016).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Cowan was removed from the membership of the committee, substitution pending (June 8, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Ataullahjan was added to the membership (June 8, 2016).

Standing Senate Committee on National Security and Defence

The Honourable Senator Ngo was removed from the membership of the committee, substitution pending (June 8, 2016).

The Honourable Senator Ngo replaced the Honourable Senator Oh (June 8, 2016).

The Honourable Senator Day was removed from the membership of the committee, substitution pending (June 8, 2016).

The Honourable Senator Oh replaced the Honourable Senator Enverga (June 8, 2016).

The Honourable Senator Enverga replaced the Honourable Senator Ngo (June 8, 2016).

The Honourable Senator Ngo replaced the Honourable Senator Enverga (June 8, 2016).

The Honourable Senator Enverga replaced the Honourable Senator Ngo (June 8, 2016).

Standing Senate Committee on Official Languages

The Honourable Senator Jaffer was removed from the membership of the committee, substitution pending (June 8, 2016).

The Honourable Senator Mockler was added to the membership (June 8, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator Plett replaced the Honourable Senator Johnson (June 8, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Neufeld was added to the membership (June 8, 2016).