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Journals of the Senate

66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 102 (Revised)

Tuesday, March 7, 2017
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AtaullahjanBakerBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyCampbellCarignanCoolsCordyCormierDagenaisDawsonDayDeanDuffyDupuisDyckEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisMarshallMartinMarwahMassicotteMcCoyMcIntyreMcPhedranMégieMercerMerchantMeredithMitchellMocklerMunsonOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

*AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyCampbellCarignan*ChristmasCoolsCordyCormierDagenaisDawsonDayDean*DowneDuffyDupuisDyckEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakos*Hubley*JafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltais*ManningMarshallMartinMarwahMassicotteMcCoy*McInnisMcIntyreMcPhedranMégieMercerMerchantMeredithMitchellMocklerMunson*NgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRinguette*Saint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallinWattWellsWetstonWhiteWoo

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 Ogilvie presented the following:

Tuesday, March 7, 2017

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

TENTH REPORT

Your committee, to which was referred Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, has, in obedience to the order of reference of December 15, 2016, examined the said bill and now reports the same without amendment.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

KELVIN KENNETH OGILVIE

Chair

Observations to the Tenth Report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-6)

Language Exemptions

The committee observes a need for greater flexibility to allow exemptions to the language and knowledge testing requirements in order to obtain citizenship. While Bill C-6 makes changes to the age group that is required to take language and knowledge tests, there are other exceptional circumstances that can prevent a person from learning English or French which are not addressed by the bill. These circumstances may involve social, or physical and mental health factors. The committee heard that people from different socio-economic backgrounds have differential ability and capacity to acquire a new language. The committee suggests that the scope and accessibility of exemptions to language and knowledge testing should be reviewed with the goal of ensuring that applicants do not experience unreasonable delays or hardship to obtain citizenship.

Smart Permanent Resident Cards

During the committee’s hearings on Bill C-6, the committee was made aware that keeping a record of residency requirements would be easier with “smart” Permanent Resident Cards. The committee heard from one witness that the benefit of the smart card system is the maintenance of an accurate record of a person’s time spent in Canada would be kept. This will allow for more transparency on citizenship applications. Therefore, the committee urges the government to review and consider the implementation of a smart card residency program.

Fees

The committee also notes that citizenship application fees are rising at an accelerated pace. In February 2014, an individual application fee cost $100. Today, the cost is $530. This is more than a 500 per cent increase. There is an additional $100 right of citizenship fee. Altogether, the cost to acquire citizenship for a family of four with two minor children is $1,460. When extra costs such as language training and testing are taken into consideration, the costs are much higher. High citizenship fees can present a significant financial burden to potential applicants, and could act as a barrier for traditionally low income groups such as those with disabilities, single mothers and minorities. To ensure that potential applicants are not barred from citizenship based solely on their income, the committee advises the government to consider lowering these fees.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Gagné, 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 Massicotte, Deputy Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, informed the Senate that, pursuant to the orders adopted by the Senate on March 10, 2016 and February 16, 2017, the committee deposited with the Clerk of the Senate earlier this day, its fifth report (interim) entitled Positioning Canada’s Electricity Sector in a Carbon Constrained Future.—Sessional Paper No. 1/42-946S.

The Honourable Senator Massicotte moved, seconded by the Honourable Senator Mercer, 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.

o o o

The Honourable Senator Fraser presented the following:

Tuesday, March 7, 2017

The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its

FOURTH REPORT

Pursuant to its order of reference of February 9, 2017, your committee has considered the use of the Order Paper and Notice Paper, in particular in relation to so called “stood” items, and now recommends the following as an interim measure:

That, for the remainder of the current session, if no senator rises to speak when an item on the Order Paper and Notice Paper has been called, the item be deemed to be stood to the next sitting of the Senate.

Respectfully submitted,

JOAN FRASER

Chair

The Honourable Senator Fraser moved, seconded by the Honourable Senator Black, 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.

o o o

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

Tuesday, March 7, 2017

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

TWELFTH REPORT

Your committee, to which was referred Bill C-224, An Act to amend the Controlled Drugs and Substances Act (assistance — drug overdose), has, in obedience to the order of reference of December 1, 2016, examined the said bill and now reports the same with the following amendments:

1.Clause 2, pages 1 and 2:

(a)On page 1,

(i)replace line 15 with the following:

“ment assistance because that person, or another person, is suf-”,

(ii)replace line 16 with the following:

“fering from an overdose is to be charged or convicted under subsec-”, and

(iii)replace line 19 with the following:

“sought assistance or having remained at the scene.”; and

(b)on page 2,

(i)replace lines 1 and 2 with the following:

(3) The exemption under subsection (2) also applies to any person, including the person suffering from the overdose, who is at the scene upon the arrival of the emer-”, and

(ii)add after line 3 the following:

(4) No one who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from an overdose, or who is at the scene upon the arrival of the assistance, is to be charged with an offence concerning a violation of a pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

(5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, overdose, or as a result of having been at the scene upon the arrival of the assistance, is deemed not to be violated.”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

GEORGE BAKER

Deputy Chair

Observations to the Twelfth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-224)

The committee strongly supports the intent of the bill and has adopted the amendments to strengthen and clarify the bill. The committee encourages the Senate and the House of Commons to consider the proposed amendments as expeditiously as possible so that the measures in the bill may be implemented as quickly as possible.

The Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Day, 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.

Delayed Answers

The Honourable Senator Harder, P.C., tabled the following:

Response to the oral question asked in the Senate on October 26, 2016 by the Honourable Senator Martin, concerning the recognition of Korean War veterans in Canada’s 150th anniversary celebrations.—Sessional Paper No. 1/42-947S.

Response to the oral question asked in the Senate on December 1, 2016 by the Honourable Senator Martin, concerning sesquicentennial events—role of Korean War veterans.—Sessional Paper No. 1/42-948S.

Response to the oral question asked in the Senate on December 2, 2016 by the Honourable Senator Downe, concerning the policy on hiring medically released veterans.—Sessional Paper No. 1/42-949S.

Response to the oral question asked in the Senate on December 15, 2016 by the Honourable Senator Stewart Olsen, concerning animal testing.—Sessional Paper No. 1/42-950S.

Response to the oral question asked in the Senate on February 16, 2017 by the Honourable Senator Plett, concerning Western Canadian grain transportation.—Sessional Paper No. 1/42-951S.

Orders of the Day

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act.

After debate,

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

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

Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Pratte, seconded by the Honourable Senator Mitchell, for the second reading of Bill C-30, An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures.

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

The bill was then read the second time.

The Honourable Senator Pratte moved, seconded by the Honourable Senator Mitchell, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.

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

o o o

Resuming debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill C-31, An Act to implement the Free Trade Agreement between Canada and Ukraine.

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 Bellemare, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.

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

o o o

Resuming debate on the motion of the Honourable Senator Campbell, seconded by the Honourable Senator Pratte, for the second reading of Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts.

After debate,

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.

Motions

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

Inquiries

Order No. 1 was 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

Third reading of Bill C-210, An Act to amend the National Anthem Act (gender).

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

Debate.

Question Period

Pursuant to the order adopted on March 2, 2017, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Chrystia Freeland, P.C., M.P., Minister of Foreign Affairs, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Commons Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the third reading of Bill C-210, An Act to amend the National Anthem Act (gender).

After debate,

The Honourable Senator Fraser moved, seconded by the Honourable Senator Day, 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 – Second Reading

Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-206, An Act to amend the Criminal Code (protection of children against standard child-rearing violence).

After debate,

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.

o o o

Orders No. 2 to 5 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1 to 8 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Cordy:

That the fifth report, entitled Finding Refuge in Canada: A Syrian Resettlement Story, of the Standing Senate Committee on Human Rights, deposited with the Clerk of the Senate on December 6, 2016, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Immigration, Refugees and Citizenship being identified as minister responsible for responding to the report, in consultation with the Minister of National Revenue.

After debate,

The Honourable Senator Martin moved, for the Honourable Senator Andreychuk, 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.

o o o

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Patterson:

That the sixth report of the Standing Senate Committee on Transport and Communications, entitled Pipelines for Oil: Protecting our Economy, Respecting our Environment, deposited with the Clerk of the Senate on December 7, 2016 be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Natural Resources being identified as minister responsible for responding to the report, in consultation with the Ministers of Transport and Fisheries, Oceans and the Canadian Coast Guard.

After debate,

The Honourable Senator Day moved, for the Honourable Senator Mercer, seconded by the Honourable Senator Fraser, 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. 11 was called and postponed until the next sitting.

o o o

The Honourable Senator Smith moved, seconded by the Honourable Senator Ataullahjan:

That the twelfth report of the Standing Senate Committee on National Finance entitled Smarter Planning, Smarter Spending: Achieving infrastructure success, tabled with the Clerk of the Senate on February 28, 2017 be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Infrastructure and Communities being identified as minister responsible for responding to the report.

After debate,

The Honourable Senator Bellemare 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.

o o o

The Honourable Senator Dyck moved, seconded by the Honourable Senator Watt:

That the fifth report of the Standing Senate Committee on Aboriginal Peoples entitled We can do Better: Housing in Inuit Nunangat, deposited with the Clerk of the Senate on Wednesday, March 1, 2017 be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Families, Children and Social Development (Minister responsible for the Canada Mortgage and Housing Corporation) being identified as minister responsible for responding to the report, in consultation with the Ministers of Indigenous and Northern Affairs, Fisheries, Oceans and the Canadian Coast Guard, Innovation, Science and Economic Development, and the President of the Treasury Board.

After debate,

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

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

Motions

Orders No. 31, 51 and 73 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That, in order to ensure that legislative reports of Senate committees follow a transparent, comprehensible and non-partisan methodology, the Rules of the Senate be amended by replacing rule 12-23(1) by the following:

“Obligation to report bill

12-23. (1) The committee to which a bill has been referred shall report the bill to the Senate. The report shall set out any amendments that the committee is recommending.  In addition, the report shall have appended to it the committee’s observations on:

(a) whether the bill generally conforms with the Constitution of Canada, including:

(i) the Canadian Charter of Rights and Freedoms, and

(ii) the division of legislative powers between Parliament and the provincial and territorial legislatures;

(b) whether the bill conforms with treaties and international agreements that Canada has signed or ratified;

(c) whether the bill unduly impinges on any minority or economically disadvantaged groups;

(d) whether the bill has any impact on one or more provinces or territories;

(e) whether the appropriate consultations have been conducted;

(f) whether the bill contains any obvious drafting errors;

(g) all amendments moved but not adopted in the committee, including the text of these amendments; and

(h) any other matter that, in the committee’s opinion, should be brought to the attention of the Senate.”

And on the motion in amendment of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Tkachuk:

That the motion be not now adopted, but that it be amended by:

1.adding the following new subsection after proposed subsection (c):

“(d) whether the bill has received substantive gender-based analysis;”; and

2.by changing the designation for current proposed subsections (d) to (h) to (e) to (i).

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that further debate on the motion in amendment be adjourned until the next sitting.

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


Ordered : That Order No. 51 be again called.

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Dawson:

That the Senate encourage the federal government, after appropriate consultations, to sponsor along with one or more of the provinces/territories a pilot project, and any complementary studies, to evaluate the cost and impact of implementing a national basic income program based on a negative income tax for the purpose of helping Canadians to escape poverty.

And on the motion in amendment of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That the motion be amended to read as follows:

That the Senate encourage the federal government, after appropriate consultations, to provide support to initiatives by provinces/territories, including the Aboriginal Communities, aimed at evaluating the cost and impact of implementing measures, programs and pilot projects for the purpose of helping Canadians to escape poverty, by way of a basic income program (such as a negative income tax) and to report on their relative efficiency.

After debate,

The Honourable Senator Ringuette moved, for the Honourable Senator Woo, seconded by the Honourable Senator Petitclerc, that further debate on the motion in amendment be adjourned until the next sitting.

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

o o o

Order No. 92 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Eggleton, P.C.:

That with Canada celebrating 150 years as a nation and acknowledging the lasting contribution of the First Nations, early settlers, and the continuing immigration of peoples from around the world who have made and continue to make Canada the great nation that it is, the Senate urge the Government to commit to establishing a National Portrait Gallery using the former US Embassy across from Parliament Hill as a lasting legacy to mark this important milestone in Canada’s history and in recognition of the people who contributed to its success.

After debate,

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.

o o o

Orders No. 146 and 158 were called and postponed until the next sitting.

Inquiries

Orders No. 1, 2, 8 and 11 to 18 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Pate, calling the attention of the Senate to the circumstances of some of the most marginalized, victimized, criminalized and institutionalized in Canada, particularly the increasing over-representation of Indigenous women in Canadian prisons.

After debate,

The Honourable Senator Boniface moved, seconded by the Honourable Senator Pate, 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

Order No. 20 was called and postponed until the next sitting.

MOTIONS

The Honourable Senator Boniface moved, for the Honourable Senator Jaffer, seconded by the Honourable Senator Pate:

That the Standing Senate Committee on National Security and Defence be authorized to examine and report on issues relating to creating a defined, professional and consistent system for veterans as they leave the Canadian Armed Forces; and

That the committee table its report no later than June 30, 2017, 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 question being put on the motion, it was adopted.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 7:01 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)

Agreements for RCMP policing services (First Nations Community Policing Service) for the province of British Columbia, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/42-945.

Fifth report (interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled Positioning Canada’s Electricity Sector in a Carbon Constrained Future, deposited with the Clerk of the Senate on March 7, 2017, pursuant to the orders adopted by the Senate on March 10, 2016 and February 16, 2017.—Sessional Paper No. 1/42-946S.

Changes in Membership of Committees Pursuant to Rule 12-5 and to the Order of the Senate of December 7, 2016

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Tkachuk replaced the Honourable Senator Oh (March 6, 2017).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Duffy replaced the Honourable Senator Wetston (March 6, 2017).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Eaton replaced the Honourable Senator Beyak (March 7, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Omidvar replaced the Honourable Senator Dean (March 7, 2017).

The Honourable Senator Dean replaced the Honourable Senator Omidvar (March 6, 2017).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Boniface (March 3, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Unger replaced the Honourable Senator Ataullahjan (March 7, 2017).

The Honourable Senator Marwah replaced the Honourable Senator Moncion (March 6, 2017).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Gold replaced the Honourable Senator Cormier (March 7, 2017).

The Honourable Senator Cormier replaced the Honourable Senator Gold (March 6, 2017).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Gold replaced the Honourable Senator Wallin (March 3, 2017).

Special Senate Committee on Senate Modernization

The Honourable Senator Cormier replaced the Honourable Senator Dean (March 7, 2017).

The Honourable Senator Ringuette replaced the Honourable Senator Lankin, P.C. (March 6, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Gold replaced the Honourable Senator Cormier (March 7, 2017).

The Honourable Senator Griffin replaced the Honourable Senator Dean (March 7, 2017).

The Honourable Senator Frum was added to the membership (March 6, 2017).

The Honourable Senator Unger was removed from the membership of the committee, substitution pending (March 6, 2017).

The Honourable Senator Unger replaced the Honourable Senator Frum (March 6, 2017).

The Honourable Senator Raine replaced the Honourable Senator Unger (March 6, 2017).

The Honourable Senator Dean replaced the Honourable Senator Omidvar (March 3, 2017).

Standing Senate Committee on Transport and Communications

The Honourable Senator Dagenais replaced the Honourable Senator Unger (March 7, 2017).

The Honourable Senator Unger replaced the Honourable Senator Doyle (March 6, 2017).

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