The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBoyerBrazeauCampbellChristmasCordyCormierDagenaisDawsonDayDeacon (Ontario)DowneEggletonFrumFureyGagnéGreeneGriffinHarderHousakosJoyalLankinMacDonaldMaltaisManningMartinMarwahMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellNgoOhOmidvarPatePetitclercPlettPoirierPratteRaineRichardsRinguetteSeidmanSinclairSmithStewart OlsenUngerWallinWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBoyerBrazeauCampbellChristmas*CoolsCordyCormier*CoyleDagenaisDawsonDayDeacon (Ontario)DowneEggletonFrumFureyGagné*GoldGreeneGriffinHarderHousakosJoyalLankinMacDonaldMaltaisManning*MarshallMartinMarwahMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchell*Mockler*Moncion*MunsonNgoOhOmidvarPatePetitclercPlettPoirierPratteRaineRichardsRinguetteSeidmanSinclairSmithStewart OlsenUngerWallinWetstonWhiteWoo

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 Bernard presented the following:

Monday, May 7, 2018

The Standing Senate Committee on Human Rights has the honour to present its

TENTH REPORT

Your committee, to which was referred Bill C-66, An Act to establish a procedure for expunging certain historically unjust convictions and to make related amendments to other Acts, has, in obedience to the order of reference of Tuesday, March 27, 2018, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

OBSERVATIONS

to the 10th Report of the Standing Senate Committee on Human Rights (Bill C-66)

During its study of Bill C-66, an Act to establish a procedure for expunging certain historically unjust convictions and to make related amendments to other Acts, the committee heard from witnesses who expressed concerns regarding the absence of consultations surrounding the drafting of the bill.

Other concerns expressed by witnesses included the inconsistency between the Prime Minister’s apology to LGBTQ2 Canadians delivered on November 28, 2017 and the offences cited in the schedule of Bill C-66, notably, the exclusion from the schedule of the bawdy house provisions of the Criminal Code. The committee shares these concerns.

Therefore:

1.The committee requests the Department of Public Safety and Emergency Preparedness to launch — as soon as Bill C-66 receives Royal Assent — consultations with stakeholders and subject-matter experts to address other sections of the Criminal Code that were applied in a discriminatory fashion against the LGBTQ2 community, such as, but not limited to:

(a)Indecent acts (Criminal Code, s. 173(1));

(b)Immoral theatrical performances (Criminal Code, s. 167);

(c)Obscenity (Criminal Code, ss. 163, 168);

(d)Counselling to commit an indictable offence (Criminal Code, s. 22);

(e)Operating, or being found in, a bawdy house (Criminal Code, s. 210);

(f)Nudity (Criminal Code, s. 174);

(g)Causing disturbance, indecent exhibition, loitering, etc. (Criminal Code, s. 175(1));

(h)Prostitution-related offences (formerly, ss. 212(1)(j) and 213(1)(c) of the Criminal Code);

(i)Vagrancy (Criminal Code, s. 179(1));

(j)Criminal HIV-non disclosure (under Assault and Sexual Assault sections of the Criminal Code, ss. 266 to 268 and ss. 271 to 273, respectively).

In addition, section 25(c) of Bill C-66 keeps the age of consent at 16, which is inconsistent with analogous historical acts of heterosexual sex.

2.The committee requests the Minister of Public Safety and Emergency Preparedness to broaden the schedule, keeping in considerations the aforementioned items, so as to fully address the wrongs mentioned in the Prime Minister’s apology to LGBTQ2 Canadians.

3.The committee requests the Government of Canada to consult on and clarify the definition and criteria of what constitutes a “historical injustice.”

4.The committee calls the attention of the Department of Public Safety and Emergency Preparedness, the Royal Canadian Mounted Police (RCMP), and the Parole Board of Canada, to the necessity to communicate clearly to all Canadians, particularly to the LGBTQ2 community, on the application process and the criteria for eligibility.

5.The committee calls upon the Parole Board of Canada to clarify with applicants which documents or records will be directly or indirectly destroyed through the process, and which ones will remain intact. Applicants should also be made aware, before they apply for expungement, of their right to demand access to copies of their records and other materials.

6.The committee notes the concerns from witnesses surrounding the destruction of potentially historically relevant records and archives.

7.The committee calls the attention of the Minister of Public Safety and Emergency Preparedness to its concern that the expungement process keeps the burden of proof — to prove eligibility for expungement — on the victims (applicants), rather than on the Crown.

8.The committee brings to the attention of the Minister of Public Safety and Emergency Preparedness concerns raised by witnesses about the lack of an automatic process for expungement of criminal records and barriers to access to justice as a result of the application process set out in the bill. Many of the records are decades old, such that they may be difficult to obtain for some. It is laudable that the government has recognized this and will consequently allow for the use of sworn statements. The aged nature of the records also means that the records we are talking about will be so old that, if the individuals were required to apply pursuant to current record suspensions or the pardon provisions they replaced, the time that has elapsed since their convictions and the end of their sentences would exceed such wait times by decades. In addition, Departmental officials confirmed here and in the other place that the RCMP have many of the police records that would allow them to expunge records.

9. The committee calls on the Minister of Public Safety and Emergency Preparedness to re-examine the requirement for an individual to apply in order to obtain expungement of a criminal record.

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

Government Business

Bills – Messages from the House of Commons

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

o o o

Consideration of the message from the House of Commons concerning Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts:

 Thursday, May 3, 2018

ORDERED,—That a Message be sent to the Senate to acquaint their Honours that this House:

agrees with amendments 2, 7(a) and 10(b) made by the Senate;

respectfully disagrees with amendments 1(a)(i), 1(b), 5(a)(i), 5(b) because the issues raised by the amendments are addressed in the bill or by existing legislation;

respectfully disagrees with amendment 1(a)(ii) because this would affect the Minister’s ability to issue a decision on an application for a joint venture within the timelines set forth in the bill;

respectfully disagrees with amendments 3 and 4 because the passenger rights will be established in regulation by the Canada Transportation Agency, as opposed to the airlines, and will automatically be incorporated into an airline tariff for the benefit of the passenger, and furthermore, Bill C-49 does not preclude third party advocates from filing complaints on the content of terms and conditions of tariffs they find unreasonable;

respectfully disagrees with amendment 5(a)(ii) because Bill C-49 mandates new regulations that would specify carriers’ obligations or standards of treatment of passengers for any delays, including a tarmac delay, as well as specific obligations for tarmac delays of more than three hours;

respectfully disagrees with amendment 5(a)(iii) because further study and consultation with concerned parties, including the federal agencies responsible for official languages, the Official Languages Commissioner and the industry stakeholders are required to better understand the economic implications and competitiveness on the Canadian air sector;

proposes that amendment 6 be amended by replacing the text of subsection (1.01) and (1.1) with the following “(1.1) For the purpose of an investigation conducted under subsection (1), the Agency shall allow a company at least 20 days to file an answer and at least 10 days for a complainant to file a reply. (1.11) The Agency may, with the authorization of the Minister and subject to any terms and conditions that the Minister considers appropriate, of its own motion, conduct an investigation to determine whether a railway company is fulfilling its service obligations. The Agency shall conduct the investigation as expeditiously as possible and make its determination within 90 days after the investigation begins.”;

proposes that amendment 7(b) be amended by replacing the text with the following text “in Canada that is in the reasonable direction of the shipper’s traffic and its destination;”;

in order to keep the intent of the Senate amendment 7(b), proposes to add the following amendment to Clause 95, subsection (5), page 64, by replacing line 8 with the following “km of an interchange in Canada that is in the reasonable direction of the shipper’s traffic and its destination”;

respectfully disagrees with amendment 7(c) because shippers in the Maritimes will continue to have access to other shipper remedies in the Act;

respectfully disagrees with amendment 8 because the final offer arbitration is not intended to be a cost-based remedy but rather a commercially-based process to settle a dispute during a negotiation of a confidential commercial contract;

proposes that amendment 9 be amended by replacing the text of the amendment with the following text “59.1 (1) Schedule II to the Act is amended by replacing “Bean (except soybean) derivatives (flour, protein, isolates, fibre)” with “Bean (including soybean) derivatives (flour, protein, isolates, fibre)”. (2) Schedule II to the Act is amended by replacing “Beans (except soybeans), including faba beans, splits and screenings” with “Beans, including soybeans, faba beans, splits and screenings”. (3) Schedule II to the Act is amended by adding, in alphabetical order, “Meal, soybean”, “Meal, oil cake, soybean”, “Oil, soybean” and “Oil cake, soybean”.”;

respectfully disagrees with amendment 10(a) because it would significantly impact the ability of railways to ensure the safety of railway operations.

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

That the Senate agree to House of Commons amendment 4, as well as House of Commons amendments 1, 2 and 3 made to its amendments 6, 7(b) and 9 to Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts;

That the Senate do not insist on its amendments 1(a)(i), 1(a)(ii), 1(b), 3, 4, 5(a)(i), 5(a)(ii), 5(a)(iii), 5(b), 7(c), 8 and 10(a), to which the House of Commons has disagreed; and

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

After debate,

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

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

Bills – Third Reading

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

Bills – Second Reading

Orders No. 1 to 3 were called and postponed until the next sitting.

Motions

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

o o o

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

That, in order to allow the Senate to receive a Minister of the Crown during Question Period as authorized by the Senate on December 10, 2015, and notwithstanding rule 4-7, when the Senate sits on Tuesday, May 8, 2018, Question Period shall begin at 3:30 p.m., with any proceedings then before the Senate being interrupted until the end of Question Period, which shall last a maximum of 40 minutes;

That, if a standing vote would conflict with the holding of Question Period at 3:30 p.m. on that day, the vote be postponed until immediately after the conclusion of Question Period;

That, if the bells are ringing for a vote at 3:30 p.m. on that day, they be interrupted for Question Period at that time, and resume thereafter for the balance of any time remaining; and

That, if the Senate concludes its business before 3:30 p.m. on that day, the sitting be suspended until that time for the purpose of holding Question Period.

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

Inquiries

Order No. 3 was called and postponed until the next sitting.

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 6:59 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)

Fourteenth report (interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled Canada’s Oil and Gas in a Low-Carbon Economy, deposited with the Clerk of the Senate on May 4, 2018, pursuant to the orders adopted by the Senate on March 10, 2016 and April 26, 2018.—Sessional Paper No. 1/42-2022S.

Report of VIA Rail Canada Inc., together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2023.

Report of Ridley Terminals Inc., together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2024.

Report of the Royal Canadian Mint, together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2025.

Report of the Canada Development Investment Corporation, together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2026.

Report of the Canada Post Corporation, together with the Auditors’ Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2027.

Report of the Canadian Tourism Commission, together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2028.

Report of the Atlantic Pilotage Authority, together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2029.

Report of the Laurentian Pilotage Authority, together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2030.

Report of the Great Lakes Pilotage Authority, together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2031.

Report of the Pacific Pilotage Authority, together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2032.

Report on Northern Oil and Gas for the year ended December 31, 2017, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 1/42-2033.

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Woo replaced the Honourable Senator Deacon (May 4, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Boniface replaced the Honourable Senator Pate (May 4, 2018).

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Tkachuk (May 3, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Oh replaced the Honourable Senator Eaton (May 7, 2018).

The Honourable Senator Deacon was added to the membership (May 7, 2018).

The Honourable Senator Campbell was removed from the membership of the committee, substitution pending (May 7, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Pratte replaced the Honourable Senator Campbell (May 7, 2018).

The Honourable Senator Bernard replaced the Honourable Senator Galvez (May 4, 2018).

The Honourable Senator Stewart Olsen replaced the Honourable Senator Patterson (May 3, 2018).