The Members convened were:

The Honourable Senators

BattersBellemareBernardBeyakBlack (Alberta)BoehmBoisvenuBoveyBoyerBrazeauBussonCampbellCarignanCordyCormierCoyleDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneHarderHartlingJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMitchellMiville-DechêneMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsSaint-GermainSeidmanSimonsSinclairSmithTannasTkachukWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

BattersBellemareBernardBeyak*BlackBlack (Alberta)BoehmBoisvenuBoveyBoyerBrazeauBussonCampbellCarignanCordyCormierCoyle*DagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreene*GriffinHarderHartlingJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMacDonald*MaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégie*MercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsSaint-GermainSeidmanSimonsSinclairSmithTannasTkachukWellsWetstonWhiteWoo

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 victims of the shooting at the Tree of Life Synagogue that occurred in Pittsburgh, Pennsylvania, on October 27, 2018

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Cormier, Chair of the Standing Senate Committee on Official Languages, informed the Senate that, pursuant to the orders adopted by the Senate on April 6, 2017, and October 18, 2018, the committee deposited with the Clerk of the Senate on October 25, 2018, its tenth report (interim) entitled Modernizing the Official Languages Act - The Views of Official Language Minority Communities.—Sessional Paper No. 1/42-2534S.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Bellemare introduced Bill S-256, An Act respecting the development of a national framework for essential workforce skills.

The bill was read the first time.

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

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator MacDonald tabled the following:

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the summer meeting of the Western Governors’ Association, held in Rapid City, South Dakota, United States of America, from June 25 to 27, 2018.—Sessional Paper No. 1/42-2553.

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 72nd annual meeting of the Council of State Governments’ Southern Legislative Conference, held in St. Louis, Missouri, United States of America, from July 21 to 24, 2018.—Sessional Paper No. 1/42-2554.

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Annual Legislative Summit of the National Conference of State Legislatures, held in Los Angeles, California, United States of America, from July 29 to August 2, 2018.—Sessional Paper No. 1/42-2555.

Orders of the Day

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Pratte, for the third reading of Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act.

And on the motion in amendment of the Honourable Senator Pate, seconded by the Honourable Senator Deacon (Ontario):

That Bill C-51 be not now read a third time, but that it be amended

(a)in clause 10, on page 5,

(i)by replacing lines 17 to 20 with the following:

“(b) the complainant is incapable of consenting to the activity in question for any reason, including, but not limited to, the fact that they are

(i) unable to understand the nature, circumstances, risks and consequences of the sexual activity in question,

(ii) unable to understand that they have the choice to engage in the sexual activity in question or not, or

(iii) unable to affirmatively express agreement to the sexual activity in question by words or by active conduct;”, and

(ii)by adding the following after line 20:

“(2.2) Section 153.1 of the Act is amended by adding the following after subsection (3):

(3.1) For greater certainty, capacity to consent at the time of the sexual activity that forms the subject-matter of the charge cannot be inferred from evidence on capacity to consent at the time of another sexual activity.”; and

(b)in clause 19, on page 9,

(i)by replacing lines 20 to 23 with the following:

“(b) the complainant is incapable of consenting to the activity in question for any reason, including, but not limited to, the fact that they are

(i) unable to understand the nature, circumstances, risks and consequences of the sexual activity in question,

(ii) unable to understand that they have the choice to engage in the sexual activity in question or not, or

(iii) unable to affirmatively express agreement to the sexual activity in question by words or by active conduct;”, and

(ii)by adding the following after line 23:

“(2.2) Section 273.1 of the Act is amended by adding the following after subsection (2):

(2.1) For greater certainty, capacity to consent at the time of the sexual activity that forms the subject-matter of the charge cannot be inferred from evidence on capacity to consent at the time of another sexual activity.”.

After debate,

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

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Pratte, for the third reading of Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, 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 – Second Reading

Orders No. 1 to 4 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Gold, seconded by the Honourable Senator Moncion, for the second reading of Bill C-59, An Act respecting national security matters.

Debate.

Question Period

Pursuant to the order adopted on October 25, 2018, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Jonathan Wilkinson, P.C., M.P., Minister of Fisheries, Oceans and the Canadian Coast Guard, entered the Senate and took part in Question Period.

Orders of the Day

Government Business

Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Gold, seconded by the Honourable Senator Moncion, for the second reading of Bill C-59, An Act respecting national security matters.

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

Order No. 6 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Pratte, for the second reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

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

Order No. 8 was called and postponed until the next sitting.

Motions

Orders No. 1 and 220 were called and postponed until the next sitting.

o o o

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

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (A) for the fiscal year ending March 31, 2019; and

That, for the purpose of this study, the committee have the power to sit, even though the Senate may then be sitting, with rule 12-18(1) being suspended in relation thereto.

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

Inquiries

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

Other Business

Bills – Messages from the House of Commons

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

Senate Public 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 Ringuette, seconded by the Honourable Senator Moncion, for the third reading of Bill S-237, An Act to amend the Criminal Code (criminal interest rate), as amended.

And on the motion in amendment of the Honourable Senator Cools, seconded by the Honourable Senator Bovey:

That Bill S-237, as amended, be not now read a third time, but that it be further amended in clause 1, on page 1, by replacing line 15 (as replaced by decision of the Senate on April 19, 2018) with the following:

“plus thirty-five per cent on the credit advanced under an”.

With leave of the Senate,

The Honourable Senator Wetston moved, seconded by the Honourable Senator Marwah, 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. 3 was called and postponed until the next sitting.

Senate Public Bills – Second Reading

Orders No. 1 to 9 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 5 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 Lankin, P.C., for the second reading of Bill C-377, An Act to change the name of the electoral district of Châteauguay—Lacolle.

The Honourable Senator Martin moved, for the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Mockler, 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. 7 was called and postponed until the next sitting.

Private Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1, 5 to 8, 50 and 100 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Runciman:

Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;

Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;

Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;

Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;

Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;

Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;

Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the Schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.(1) Paragraph (3) of section 23 of the Constitution Act, 1867 is repealed.

(2) Section 23 of the Act is amended by replacing the semi-colon at the end of paragraph (5) with a period and by repealing paragraph (6).

2.The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:

I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.

3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Real property qualification of Senators).

With leave of the Senate,

The Honourable Senator Gold moved, seconded by the Honourable Senator Omidvar, 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. 89 and 146 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Merchant, seconded by the Honourable Senator Housakos:

That the Senate call upon the government of Canada:

(a) to recognize the genocide of the Pontic Greeks of 1916 to 1923 and to condemn any attempt to deny or distort a historical truth as being anything less than genocide, a crime against humanity; and

(b) to designate May 19th of every year hereafter throughout Canada as a day of remembrance of the over 353,000 Pontic Greeks who were killed or expelled from their homes.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Gold, 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

Orders No. 189, 215, 245, 302, 310, 325, 328, 357 and 358, and 371 were called and postponed until the next sitting.

Inquiries

Orders No. 12, 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 Coyle moved, for the Honourable Senator McCallum, seconded by the Honourable Senator LaBoucane-Benson, 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. 36 was called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Bernard, calling the attention of the Senate to anti-black racism.

After debate,

The Honourable Senator Gold moved, seconded by the Honourable Senator Bovey, 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. 40, 45 to 47, 52 and 56 were called and postponed until the next sitting.

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 5:45 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)

Twenty-fifth report of the Standing Senate Committee on Banking, Trade and Commerce, entitled Cyber assault: It should keep you up at night, deposited with the Clerk of the Senate on October 29, 2018, pursuant to the orders adopted by the Senate on October 17, 2017 and October 25, 2018.—Sessional Paper No. 1/42-2543S.

Report of the Commissioner of Competition for the fiscal year ended March 31, 2018, pursuant to the Competition Act, R.S.C. 1985, c. C-34, s. 127.—Sessional Paper No. 1/42-2544.

Report of the Canadian Radio-television and Telecommunications Commission on the operation of the National Do Not Call List for the fiscal year ended March 31, 2018, pursuant to the Telecommunications Act, S.C. 1993, c. 38, s. 41.6.—Sessional Paper No. 1/42-2545.

Audit Report for the Office of the Auditor General for the fiscal year ended March 31, 2018, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2).—Sessional Paper No. 1/42-2546.

Report on the Public Servants Disclosure Protection Act for the fiscal year ended March 31, 2018, pursuant to the Act, S.C. 2005, c. 46, sbs. 38.1(4).—Sessional Paper No. 1/42-2547.

Canadian Beef Cattle Research, Market Development and Promotion Agency, together with the Auditors’ Report, for the year ended December 31, 2018, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/42-2548.

Biennial Report of the Cree-Naskapi Commission for the year 2018, pursuant to the Cree-Naskapi (of Quebec) Act, S.C. 1984, c. 18, sbs. 124(1).—Sessional Paper No. 1/42-2549.

Report on the activities of the Courts Administration Service for the fiscal year ended March 31, 2018, pursuant to the Courts Administration Service Act, S.C. 2002, c. 8, sbs. 12(2).—Sessional Paper No. 1/42-2550.

Proposed Regulations of the Assisted Human Reproduction Act, pursuant to the Act, S.C. 2004, c. 2, sbs. 66(1).—Sessional Paper No. 1/42-2551.

Summaries of the Corporate Plan for 2018-2019 to 2022-2023 and of the Operating and Capital Budgets for 2018-2019 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2552.

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Changes in Membership of Committees Pursuant to Rule 12-5

Special Committee on the Arctic

The Honourable Senator Boyer replaced the Honourable Senator Gold (October 30, 2018).

The Honourable Senator Gold replaced the Honourable Senator Boyer (October 29, 2018).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Dagenais replaced the Honourable Senator Mockler (October 30, 2018).

The Honourable Senator Ringuette replaced the Honourable Senator Verner, P.C. (October 29, 2018).

The Honourable Senator Verner, P.C., replaced the Honourable Senator Campbell (October 29, 2018).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Dean replaced the Honourable Senator McCallum (October 30, 2018).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Hartling replaced the Honourable Senator Busson (October 29, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Dean replaced the Honourable Senator Marwah (October 29, 2018).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Moncion replaced the Honourable Senator Dean (October 29, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Poirier replaced the Honourable Senator Andreychuk (October 30, 2018).

The Honourable Senator Tannas replaced the Honourable Senator Oh (October 30, 2018).

The Honourable Senator Oh replaced the Honourable Senator Neufeld (October 30, 2018).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Massicotte replaced the Honourable Senator Dalphond (October 29, 2018).

Special Senate Committee on Senate Modernization

The Honourable Senator Tannas replaced the Honourable Senator Stewart Olsen (October 30, 2018).

The Honourable Senator Boisvenu replaced the Honourable Senator Wells (October 30, 2018).