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Journals of the Senate

67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 218 (Revised)

Monday, June 11, 2018
6 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCarignanChristmasCoolsCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Ontario)DowneDoyleDuffyDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionNgoOhOmidvarPatePetitclercPlettPoirierPratteRavaliaRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCarignanChristmasCoolsCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Ontario)DowneDoyleDuffyDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncion*MunsonNgoOhOmidvarPatePetitclercPlettPoirierPratteRavaliaRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

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

Tabling of Documents

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

Canada Account Annual Report for the fiscal year ended March 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2132.

Certificate of nomination of Heather Lank, the nominee for the position of Parliamentary Librarian.—Sessional Paper No. 1/42-2133.

Presenting or Tabling Reports from Committees

The Honourable Senator Boniface presented the following:

Monday, June 11, 2018

The Standing Senate Committee on National Security and Defence has the honour to present its

EIGHTEENTH REPORT

Your committee, to which was referred Bill C-211, An Act respecting a federal framework on post-traumatic stress disorder, has, in obedience to the order of reference of Thursday, May 3, 2018, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

GWEN BONIFACE

Chair

OBSERVATIONS
to the EIGHTEENTH REPORT Report of the Standing Senate Committee on National Security and Defence (Bill C-211)

The bill’s sponsor, Todd Doherty, MP (Cariboo—Prince George), told your committee that the exclusion of various occupations from the preamble to the bill was an accidental oversight and that he had intended to be as inclusive as possible. Your committee shares Mr. Doherty’s view that the conference and federal framework should be as inclusive as possible.

Your committee would like to ensure that health care providers and individuals in other high-stress occupations be asked to participate in developing the federal framework on post-traumatic stress disorder that is proposed in the bill. Your committee wishes to emphasize that the words “in particular” in the fourth paragraph of the bill’s preamble indicate that the conference and the federal framework on post-traumatic stress disorder should include not only first responders, firefighters, military personnel, corrections officers and members of the Royal Canadian Mounted Police, but also a wide range of occupations whose members are affected by post-traumatic stress and related problems, including nurses, psychologists and other health care providers and first responders.

Your committee shares the concern expressed by officials from the Canadian Psychological Association regarding clause 3(b)(i) that addresses the development of guidelines. This clause states that the conference aiming to establish a federal framework on post-traumatic stress disorder focus, among other topics, on “the establishment of guidelines regarding the diagnosis, treatment and management of post-traumatic stress disorder.” Representatives of the Canadian Psychological Association stated that developing guidelines in this regard is the responsibility of health professionals and their associations, accreditors and regulators, not the government. Your committee therefore suggests that the conference on the federal framework on post-traumatic stress disorder promote the establishment and dissemination of guidelines, rather than developing them as such, as recommended by the Canadian Psychological Association.

Your committee would like to ensure that the full range of mental health conditions obtained from high-stress occupations are considered in the development of the federal framework on post-traumatic stress disorder that is proposed in the bill. Your committee therefore advises that the conference on the federal framework on post-traumatic stress disorder consider the use of the term “operational stress injury.” This term includes post-traumatic stress disorder, but also includes conditions like occupation-linked depression, anxiety disorders, adjustment disorder and the full range of substance disorders that people may face as a result of being in a high-stress work environment.

Your committee is concerned that the current wording of Bill C-211 could imply that the national framework on post-traumatic stress disorder should only focus on cases that manifest as a direct consequence of the demands of their occupation. However, many cases of work-related cases of post-traumatic stress disorder are directly linked to cases of sexual misconduct and harassment. Your committee therefore suggests that the conference on the federal framework on post-traumatic stress disorder include these cases in its development of the national framework.

The Honourable Senator Housakos moved, seconded by the Honourable Senator Frum, 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.

Government Notices of Motions

With leave of the Senate,

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

That the Certificate of Nomination for Heather Lank as Parliamentary Librarian, tabled in the Senate on June 11, 2018, be referred to the Standing Joint Committee on the Library of Parliament for consideration and report; and

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

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

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Response to the oral question asked in the Senate on May 29, 2018 by the Honourable Senator Griffin, concerning the carbon tax.—Sessional Paper No. 1/42-2134S.

Orders of the Day

Government Business

Bills – Second Reading

Second reading of Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures.

The Honourable Senator Mitchell moved, seconded by the Honourable Senator McCallum, that the bill be read the second time.

After debate,

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

o o o

Resuming debate on the motion of the Honourable Senator Boniface, seconded by the Honourable Senator Sinclair, for the third reading of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, as amended.

And on the motion in amendment of the Honourable Senator Gold, seconded by the Honourable Senator Pate:

That Bill C-46, as amended, be not now read a third time, but that it be further amended in clause 15,

(a)on page 23, by replacing line 35 (as replaced by decision of the Senate on June 4, 2018) with the following:

320.27 (1) If a peace officer has reasonable grounds to”;

(b)on page 24, by adding the following after line 17:

(2) If a peace officer has in his or her possession an approved screening device, the peace officer may, in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law, by demand, require the person who is operating a motor vehicle to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of that device and to accompany the peace officer for that purpose.”; and

(c)on page 34, by replacing line 18 (as replaced by decision of the Senate on June 4, 2018) with the following:

“conducted under paragraph 320.27(1)(a); and”.

After debate,

The Honourable Senator Mercer moved, for the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Eggleton, P.C., that further debate on the motion in amendment be adjourned until the next sitting.

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

Bills – Second Reading

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

Reports of Committees – Other

Orders No. 12 and 13 and 15 to 18 were called and postponed until the next sitting.

Motions

Orders No. 1 and 193 were called and postponed until the next sitting.

Inquiries

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

Other Business

Senate Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Gold, for the third reading of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), as amended.

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.

o o o

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

Commons Public Bills – Third Reading

Order No. 1 was 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 to 10 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 6 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 8, 50, 66 and 83 were called and postponed until the next sitting.

o o o

Consideration of the fourth report, as modified, of the Standing Joint Committee for the Scrutiny of Regulations, entitled Accessibility of Documents Incorporated by Reference in Federal Regulations — Reply to the Government Response to the Committee’s 2nd Report, presented in the Senate on May 22, 2018.

The Honourable Senator Day moved, seconded by the Honourable Senator Eggleton, P.C., that the report be adopted.

After debate,

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

o o o

Order No. 89 was called and postponed until the next sitting.

o o o

Consideration of the thirteenth report of the Standing Senate Committee on Aboriginal Peoples (Supplementary budget—study on the new relationship between Canada and First Nations, Inuit and Métis peoples), presented in the Senate on June 6, 2018.

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas, that the report be adopted.

After debate,

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

o o o

Orders No. 91 and 92 were called and postponed until the next sitting.

Motions

Orders No. 31, 73, 89, 146, 158, 189, 215, 245, 286, 302, 310, 325 and 328 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12 and 13, 20 and 24 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator McPhedran, calling the attention of the Senate to the important opportunity we have to review our principles and procedures with a view to ensuring that the Senate has the strongest most effective policies and mechanisms possible to respond to complaints against senators of sexual or other kinds of harassment.

After debate,

The Honourable Senator Gold moved, for the Honourable Senator Coyle, seconded by the Honourable Senator Moncion, 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

Orders No. 28, 32, 36, 39 to 44 and 46 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Galvez moved, seconded by the Honourable Senator Forest:

That, notwithstanding the orders of the Senate adopted on Thursday, March 10, 2016 and Tuesday, September 26, 2017, the date for the final report of the Standing Senate Committee on Energy, the Environment and Natural Resources in relation to its study on the transition to a low carbon economy be extended from June 30, 2018 to December 31, 2018.

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

o o o

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

That, notwithstanding the order of the Senate adopted on Tuesday, October 31, 2017, the date for the final report of the Standing Senate Committee on Transport and Communications in relation to its study on emerging issues related to its mandate and ministerial mandate letters be extended from June 30, 2018 to June 28, 2019.

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

o o o

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

That the Standing Senate Committee on National Security and Defence be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, no later than June 22, 2018, a report relating to its study on issues relating to creating a defined, professional and consistent system for veterans as they leave the Canadian Armed Forces, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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

o o o

With leave of the Senate,

The Honourable Senator Bernard moved, seconded by the Honourable Senator Black (Ontario):

That, notwithstanding rule 12-15(2), the Standing Senate Committee on Human Rights be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information in relation to its study on Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, as authorized by the Senate on June 7, 2018.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 8:35 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)

Report of operations under the Export and Import Permits Act for the year 2017, pursuant to the Act, R.S.C. 1985, c. E-19, s. 27.—Sessional Paper No. 1/42-2130.

Summaries of the Corporate Plan for 2018-19 to 2022-23 and of the Operating and Capital Budgets for 2018-19 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2131.


Changes in Membership of Committees Pursuant to Rule 12-5

Special Senate Committee on the Charitable Sector

The Honourable Senator Dasko replaced the Honourable Senator Duffy (June 11, 2018).

The Honourable Senator Deacon replaced the Honourable Senator Omidvar (June 11, 2018).

Standing Senate Committee on Human Rights

The Honourable Senator Boyer replaced the Honourable Senator Brazeau (June 11, 2018).

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