The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

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

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a certificate from the Registrar General of Canada showing that Colin Deacon had been summoned to the Senate.

The Honourable the Speaker informed the Senate that there was a senator without waiting to be introduced.

The Honourable Senator Deacon (Nova Scotia) was introduced between the Honourable Senator Harder, P.C., and the Honourable Senator Downe, and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

Julie Payette

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

of Halifax, in the Province of Nova Scotia,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved Julie Payette, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this fifteenth day of June in the year of Our Lord two thousand and eighteen and in the sixty-seventh year of Our Reign.

BY COMMAND,

Registrar General of Canada

The Honourable Senator Deacon (Nova Scotia) came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a member of the Senate.

The Honourable the Speaker informed the Senate that the honourable senator introduced today had made and subscribed the Declaration of Qualification required of him by the Constitution Act, 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Reports of the Office of the Public Sector Integrity Commissioner for the fiscal year ended March 31, 2018, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, s. 72.—Sessional Paper No. 1/42-2157.

Presenting or Tabling Reports from Committees

The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, tabled the thirty-first report (interim) of the committee, entitled First Interim Report on the 2018-19 Main Estimates.—Sessional Paper No. 1/42-2158S.

With leave of the Senate,

The Honourable Senator Mockler moved, seconded by the Honourable Senator Smith, that the report be placed on the Orders of the Day for consideration later this day.

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

o o o

The Honourable Senator Cordy presented the following:

Monday, June 18, 2018

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

FIFTEENTH REPORT

Your committee, to which was referred 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, has, in obedience to the order of reference of June 7, 2018, examined the said bill and now reports the same with the following amendments:

1.Clause 0.1, page 1: Replace line 7 with the following:

“harassment and violence includes any action, conduct or”.

2.Clause 1, page 1: Replace lines 15 to 19 with the following:

“122.1 The purpose of this Part is to

(a) prevent accidents, occurrences of harassment and violence and physical or psychological injuries and illnesses arising out of, linked with or occurring in the course of employment to which this part applies;

(b) recognize that every employee has the right to employment that is free from harassment and violence; and

(c) advance gender equality,  address issues of racism and ensure that the rights of women workers, including those who face intersectional forms of discrimination, are respected, protected and fulfilled.”.

3.New clause 2.1, page 2: Add the following after line 6:

“2.1 The Act is amended by adding the following after section 123:

123.1 For greater certainty, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.”.

4.Clause 3, page 3: Add the following after line 8:

“(z.163) ensure that the work place is free from harassment and violence;

(z.164) ensure that the person designated by the employer to receive complaints relating to occurrences of harassment and violence has knowledge, training and experience in issues relating to harassment and violence and has knowledge of relevant legislation;”.

5.Clause 5, pages 4 and 5:

(a)On page 4, add the following after line 25:

“(2.1) Subsection 127.1(4) of the Act is replaced by the following:

(4) The persons who investigate the complaint shall inform the employee and the employer in writing, in the form and manner prescribed if any is prescribed, of the results of the investigation and provide them with a copy of the investigation report.”; and

(b)on page 5, replace line 11 with the following:

“(b) the matter is otherwise an abuse of process.”.

6.Clause 11.1, pages 7 and 8:

(a)On page 7, replace line 37 with the following:

“139.1 (1) The Minister shall prepare and publish an annual”; and

(b)on page 8, add the following after line 5:

“(2) The statistical data contained in the report shall include information that is categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act.”.

7.Clause 21, pages 13 and 16:

(a)On page 13, add the following after line 35:

“(3) For greater certainty, subject to section 2, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.”; and

(b)on page 16,

(i)replace line 1 with the following:

“88.7 (1) The Board shall, as soon as possible after the end of”, and

(ii)add the following after line 10:

“(2) The report must contain statistical data relating to harassment and violence in work places to which this Part applies, including information that is categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act. The report shall not contain any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence.”.

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

Respectfully submitted,

OBSERVATIONS

to the 15th Report of the Standing Senate Committee on Human Rights (Bill C-65)

During its study of 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, the committee heard from a number of witnesses, including the Canadian Human Rights Commission. The committee makes the following observations based on their concerns:

1.The committee observes that harassment and violence in the workplace are barriers to equality in employment. As such, the committee recognizes this problem as a human rights issue and emphasizes that every employee has the right to employment free from harassment and violence. During the implementation phase of Bill C-65, the Government of Canada should underscore the responsibilities of employers under human rights law in its communication and education efforts.

2.The bill requires the ministers responsible for the Canada Labour Code and the Parliamentary Employment and Staff Relations Act to review the legislative provisions relating to harassment and violence five years after the bill comes into force. The committee urges the ministers to use this opportunity to ensure the definition of “harassment and violence” in the bill adequately captures evolving forms of workplace harassment and violence.

3.The Government of Canada should ensure that employers’ policies and training in relation to harassment and violence in federal and parliamentary workplaces include the provision of information to employees about their rights under the Canadian Human Rights Act, including their rights to seek redress under that Act.

4.The committee urges the Government of Canada to develop a communication and education strategy for the implementation of Bill C-65 that makes absolutely clear that individuals are not prevented from seeking redress under any Act of Parliament in respect of protections or remedies that may be available pursuant to the Canadian Human Rights Act.

Furthermore, based on testimony heard from other witnesses, including testimonies from those who have been impacted by workplace harassment, we also make the following observations:

5.The committee strongly urges the Government of Canada to ensure that part of the training offered to employers and employees include bystander intervention training.

6.The committee strongly urges the Government of Canada to commit to ensuring that at least 50 per cent of the persons deemed qualified to be appointed as competent persons be women and that any body or mechanism governing the qualification and appointment of competent persons contain members of marginalized groups.

With leave of the Senate,

The Honourable Senator Cordy moved, seconded by the Honourable Senator Jaffer, that the report be placed on the Orders of the Day for consideration later this day.

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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-80, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019, to which it desires the concurrence of the Senate.

The bill was read the first time.

With leave of the Senate,

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the bill be placed on the Orders of the Day for a second reading at the next sitting.

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Galvez tabled the following:

Report of the Canadian Section of ParlAmericas respecting its participation at the 3rd gathering of the Open Parliament Network, the 45th meeting of the ParlAmericas Board of Directors and the 8th Summit of the Americas, held in Lima, Peru from April 11 to 13, 2018.—Sessional Paper No. 1/42-2159.

Delayed Answers

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

Response to the oral question asked in the Senate on April 24, 2018 by the Honourable Senator Lovelace Nicholas, concerning the reinstatement of status for First Nations women.—Sessional Paper No. 1/42-2160S.

Response to the oral question asked in the Senate on May 3, 2018 by the Honourable Senator Brazeau, concerning the Indian Act and the elimination of sex-based discrimination.—Sessional Paper No. 1/42-2161S.

Response to the oral question asked in the Senate on June 6, 2018 by the Honourable Senator Patterson, concerning carbon pricing in Nunavut.—Sessional Paper No. 1/42-2162S.

o o o

Pursuant to rule 4-10(2), the Honourable Senator Harder, P.C., tabled the following:

Reply to Question No. 79, dated February 14, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator McIntyre, respecting international treaty obligations relating to marijuana.—Sessional Paper No. 1/42-2163S.

Reply to Question No. 87, dated April 17, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Smith, respecting life sentences (Innovation, Science and Economic Development Canada).—Sessional Paper No. 1/42-2164S.

Reply to Question No. 87, dated April 17, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Smith, respecting life sentences (Justice Canada).—Sessional Paper No. 1/42-2165S.

Orders of the Day

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-210, An Act to amend An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts,

And to acquaint the Senate that the Commons has passed this bill, without amendment.

o o o

A message was brought from the House of Commons, returning Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts:

Monday, June 18, 2018

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

agrees with amendments 1, 2, 5, 6, 10, 11(b) and (c), 12, 13, 14, 15, 16, 17(b), 18, 19, 20, 21, 22, 24, 27, 28, 29, 30, 34, 35, 36 and 37 made by the Senate;

respectfully disagrees with amendment 3 because the government has been clear that provinces and territories are able to make additional restrictions on personal cultivation but that it is critically important to permit personal cultivation in order to support the government’s objective of displacing the illegal market;

respectfully disagrees with amendments 4, 11(a) and 38 because they would be contrary to the stated purpose of the Cannabis Act to protect the health of young persons by restricting their access to cannabis;

respectfully disagrees with amendment 7 because the criminal penalties and the immigration consequences aim to prevent young people from accessing cannabis and to deter criminal activity by imposing serious criminal penalties for prohibited activities, including importing and exporting cannabis and using a young person to commit cannabis-related offences;

respectfully disagrees with amendment 8 because the Cannabis Act already includes comprehensive restrictions on promotion;

respectfully disagrees with amendment 9 because the Government has already committed to establishing THC limits in regulations, which will provide flexibility to make future adjustments based on new evidence and product innovation;

respectfully disagrees with amendments 17(a) and 25 because other Senate amendments that the House is accepting would provide the Minister with expanded powers to require security clearances, and because amendments 17(a) and 25 would present significant operational challenges and privacy concerns;

respectfully disagrees with amendment 23 because law enforcement has an obligation to maintain evidence unless there is a risk to health and safety, and provisions currently exist in the Cannabis Act to provide compensation should evidence be disposed of and ordered to be returned;

respectfully disagrees with amendment 26 because mechanisms already exist to provide for public scrutiny of federal regulations;

proposes that amendment 31 be amended by replacing the text of section 151.1 with the following text:

“151.1 (1) Three years after this section comes into force, the Minister must cause a review of this Act and its administration and operation to be conducted, including a review of the impact of this Act on public health and, in particular, on the health and consumption habits of young persons in respect of cannabis use, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of cannabis plants in a dwelling-house.

(2) No later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.”;

respectfully disagrees with amendment 32 because the Bill already provides for a comprehensive review of the core objectives of the Cannabis Act, including a requirement to table a report in Parliament and because the suggested amendment to amendment 31 provides for a review of the public health impacts of the Cannabis Act;

respectfully disagrees with amendment 33 because Parliament already has broad discretion to initiate studies of specific matters by parliamentary committees, and because the Bill already provides for a comprehensive review of the Cannabis Act, including a requirement to table a report in Parliament.

ATTEST

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Mitchell, that the message be placed on the Orders of the Day for consideration later this day.

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

Government Business

Reports of Committees – Other

Consideration of the thirty-first report (interim) of the Standing Senate Committee on National Finance (First Interim Report on the 2018-19 Main Estimates), tabled in the Senate on June 18, 2018.

The Honourable Senator Mockler moved, seconded by the Honourable Senator Marshall, that the report be adopted.

After debate,

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

Bills – Reports of Committees

Consideration of the fifteenth report of the Standing Senate Committee on Human Rights (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, with amendments and observations), presented in the Senate on June 18, 2018.

The Honourable Senator Cordy moved, seconded by the Honourable Senator Jaffer, that the report be adopted.

After debate,

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

With leave of the Senate,

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

After debate,

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

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

The Senate resumed debate on the motion of the Honourable Senator Hartling, seconded by the Honourable Senator Harder, P.C., for the third reading of 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 amended.

After debate,

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

The bill, as amended, 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 with certain amendments, to which it desires its concurrence.

Bills – Messages from the House of Commons

Consideration of the message from the House of Commons concerning Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts:

Monday, June 18, 2018

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

agrees with amendments 1, 2, 5, 6, 10, 11(b) and (c), 12, 13, 14, 15, 16, 17(b), 18, 19, 20, 21, 22, 24, 27, 28, 29, 30, 34, 35, 36 and 37 made by the Senate;

respectfully disagrees with amendment 3 because the government has been clear that provinces and territories are able to make additional restrictions on personal cultivation but that it is critically important to permit personal cultivation in order to support the government’s objective of displacing the illegal market;

respectfully disagrees with amendments 4, 11(a) and 38 because they would be contrary to the stated purpose of the Cannabis Act to protect the health of young persons by restricting their access to cannabis;

respectfully disagrees with amendment 7 because the criminal penalties and the immigration consequences aim to prevent young people from accessing cannabis and to deter criminal activity by imposing serious criminal penalties for prohibited activities, including importing and exporting cannabis and using a young person to commit cannabis-related offences;

respectfully disagrees with amendment 8 because the Cannabis Act already includes comprehensive restrictions on promotion;

respectfully disagrees with amendment 9 because the Government has already committed to establishing THC limits in regulations, which will provide flexibility to make future adjustments based on new evidence and product innovation;

respectfully disagrees with amendments 17(a) and 25 because other Senate amendments that the House is accepting would provide the Minister with expanded powers to require security clearances, and because amendments 17(a) and 25 would present significant operational challenges and privacy concerns;

respectfully disagrees with amendment 23 because law enforcement has an obligation to maintain evidence unless there is a risk to health and safety, and provisions currently exist in the Cannabis Act to provide compensation should evidence be disposed of and ordered to be returned;

respectfully disagrees with amendment 26 because mechanisms already exist to provide for public scrutiny of federal regulations;

proposes that amendment 31 be amended by replacing the text of section 151.1 with the following text:

“151.1 (1) Three years after this section comes into force, the Minister must cause a review of this Act and its administration and operation to be conducted, including a review of the impact of this Act on public health and, in particular, on the health and consumption habits of young persons in respect of cannabis use, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of cannabis plants in a dwelling-house.

(2) No later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.”;

respectfully disagrees with amendment 32 because the Bill already provides for a comprehensive review of the core objectives of the Cannabis Act, including a requirement to table a report in Parliament and because the suggested amendment to amendment 31 provides for a review of the public health impacts of the Cannabis Act;

respectfully disagrees with amendment 33 because Parliament already has broad discretion to initiate studies of specific matters by parliamentary committees, and because the Bill already provides for a comprehensive review of the Cannabis Act, including a requirement to table a report in Parliament.

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

That the Senate agree to the amendment the House of Commons made to Senate amendment 31 to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts;

That the Senate do not insist on its amendments 3, 4, 7, 8, 9, 11(a), 17(a), 23, 25, 26, 32, 33 and 38, 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 4 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.

o o o

Consideration of the twenty-ninth report of the Standing Senate Committee on National Finance (Subject matter of Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures), tabled in the Senate on June 12, 2018.

After debate,

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

o o o

Consideration of the second report of the Standing Joint Committee on the Library of Parliament, entitled Nomination of Parliamentary Librarian, presented in the Senate on June 14, 2018.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Pate, that the report be adopted.

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

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.

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 9:45 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 the Transportation Appeal Tribunal of Canada for the fiscal year ended March 31, 2018, pursuant to the Transportation Appeal Tribunal of Canada Act, S.C. 2001, c. 29, s. 22.—Sessional Paper No. 1/42-2156.

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Changes in Membership of Committees Pursuant to Rule 12-5

Special Committee on the Arctic

The Honourable Senator McIntyre replaced the Honourable Senator Neufeld (June 18, 2018).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Unger replaced the Honourable Senator Neufeld (June 14, 2018).

The Honourable Senator Wallin replaced the Honourable Senator Dalphond (June 14, 2018).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Manning replaced the Honourable Senator Neufeld (June 18, 2018).

Standing Senate Committee on Human Rights

The Honourable Senator Martin replaced the Honourable Senator Seidman (June 18, 2018).

The Honourable Senator Andreychuk replaced the Honourable Senator Housakos (June 18, 2018).

The Honourable Senator Housakos replaced the Honourable Senator Andreychuk (June 14, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Bernard replaced the Honourable Senator Deacon (June 14, 2018).