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Journals of the Senate

67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 243 (Revised)

Thursday, November 1, 2018
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AtaullahjanBattersBellemareBernardBeyakBlack (Alberta)BoehmBoisvenuBonifaceBussonCampbellCarignanCordyCoyleDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDyckForestForest-NiesingFrancisFrumFureyGagnéGoldGreeneHarderHartlingHousakosJoyalKlyneLaBoucane-BensonLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcIntyreMégieMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaSaint-GermainSeidmanSimonsSmithTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AtaullahjanBattersBellemareBernardBeyak*BlackBlack (Alberta)BoehmBoisvenuBoniface*BoveyBussonCampbellCarignanCordyCoyle*DagenaisDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDyckForestForest-NiesingFrancisFrumFureyGagnéGoldGreene*GriffinHarderHartlingHousakosJoyalKlyneLaBoucane-BensonLovelace NicholasMacDonald*MaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcIntyreMégie*MercerMitchell*Miville-DechêneMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaSaint-GermainSeidmanSimonsSmithTannasTkachukVernerWallinWellsWetstonWhiteWoo

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

Pursuant to rule 13-3(4), the Honourable Senator Patterson gave notice that he would raise a question of privilege concerning a meeting of the Canada-NATO Parliamentary Association held on Tuesday, October 30, 2018.

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Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

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

2017 Annual Report on the Royal Canadian Mounted Police’s use of the Law Enforcement Justification Provisions pursuant to section 25.3 of the Criminal Code.—Sessional Paper No. 1/42-2560.

Report of the Correctional Investigator, together with the government response, for the fiscal year ended March 31, 2018, pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 192.—Sessional Paper No. 1/42-2561.

2018 Annual Report to Parliament on Immigration, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 94 and s. 22.1.—Sessional Paper No. 1/42-2562.

Presenting or Tabling Reports from Committees

The Honourable Senator Petitclerc, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s twenty-eighth report (Bill S-248, An Act respecting National Physicians’ Day, without amendment).

The Honourable Senator Cordy moved, seconded by the Honourable Senator Dawson, 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.

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The Honourable Senator Petitclerc, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s twenty-ninth report (Bill S-244, An Act respecting Kindness Week, without amendment).

The Honourable Senator Munson moved, seconded by the Honourable Senator Dawson, 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, on division.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Reply to Question No. 93, dated May 31, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting cannabis producers issued a license by Health Canada.—Sessional Paper No. 1/42-2563S.

Reply to Question No. 94, dated May 31, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting the Health Canada Security Clearance Application Form — Access to Cannabis for Medical Purposes Regulations.—Sessional Paper No. 1/42-2564S.

Reply to Question No. 107, dated September 18, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting the implementation of the 94 recommendations of the national Truth and Reconciliation Commission.—Sessional Paper No. 1/42-2565S.

Orders of the Day

Government Business

Bills – Second Reading

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

Motions

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

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, November 6, 2018, at 2 p.m.

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

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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, November 6, 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.

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

Orders No. 1 to 3 were 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 and 2 were called and postponed until the next sitting.

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Second reading of Bill C-344, An Act to amend the Department of Public Works and Government Services Act (community benefit).

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Gold, that the bill be read the second time.

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.

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Orders No. 4 to 7 were called and postponed until the next sitting.

Private Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy, for the second reading of Bill S-1002, An Act respecting Girl Guides of Canada.

After debate,

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

The bill was then read the second time.

The Honourable Senator Downe moved, seconded by the Honourable Senator Cordy, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.

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

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Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare, for the second reading of Bill S-1003, An Act to amend The United Church of Canada Act.

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 Banking, Trade and Commerce.

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

Reports of Committees – Other

Orders No. 1 and 5 to 7 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Cordy, for the adoption of the tenth report (interim), as amended, of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Nature), presented in the Senate on October 26, 2016.

In amendment, the Honourable Senator Omidvar moved, seconded by the Honourable Senator Gold:

That the report be not now adopted, but that it be further amended by replacing the words “the Senate develop a mission and purpose statement modeled” by the words “the Standing Committee on Rules, Procedures and the Rights of Parliament develop and propose to the Senate a mission and purpose statement for the Senate modeled”.

After debate,

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

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

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Orders No. 50 and 100 and 101 were called and postponed until the next sitting.

Motions

Orders No. 73 and 89 were called and postponed until the next sitting.

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Resuming debate on the motion, as amended, of the Honourable Senator Ringuette, seconded by the Honourable Senator Lankin, P.C.:

That the Standing Senate Committee on Banking, Trade, and Commerce be authorized to:

(a)Review the operations of the Financial Consumer Agency of Canada (FCAC), the Ombudsman for Banking Services and Investments (OBSI), and ADR Chambers Banking Ombuds Office (ADRBO);

(b)Review the agencies’ interaction with and respect for provincial jurisdictions;

(c)Review and determine best practices from similar agencies in other jurisdictions;

(d)Provide recommendations to ensure that the FCAC, OBSI, and ADRBO can better protect consumers and respect provincial jurisdiction; and

That the Committee submit its final report no later than March 18, 2018, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

With leave of the Senate,

The Honourable Senator Gold moved, for the Honourable Senator Marwah, seconded by the Honourable Senator Omidvar, that further debate on the motion, as amended, be adjourned until the next sitting.

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

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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 Pratte 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.

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Orders No. 189, 215, 245 and 302 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Doyle, seconded by the Honourable Senator Tannas:

That the Senate encourage the Government of Canada to work with the Government of Newfoundland and Labrador, the only province whose major population centres are not physically linked to the mainland of Canada, to evaluate the possibility of building a tunnel connecting the Island of Newfoundland to Labrador and the Quebec North Shore, in an effort to facilitate greater economic development in Canada’s Northeast, and to further strengthen national unity, including the possibility of using funding from the infrastructure program for this work; and

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

After debate,

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.

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Order No. 325 was called and postponed until the next sitting.

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Order No. 328 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

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Orders No. 357 and 358 and 371 were called and postponed until the next sitting.

Inquiries

Orders No. 12, 20, 24, 26 and 36 were called and postponed until the next sitting.

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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 Cordy moved, seconded by the Honourable Senator Dyck, that further debate on the inquiry be adjourned until the next sitting.

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

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Orders No. 40 and 45 were called and postponed until the next sitting.

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Order No. 46 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

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Orders No. 47, 52 and 56 were called and postponed until the next sitting.

QUESTION OF PRIVILEGE

Pursuant to rule 13-5(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Patterson concerning a meeting of the Canada-NATO Parliamentary Association held on Tuesday, October 30, 2018.

After debate,

The Speaker reserved his decision.


Ordered : That Order No. 328, under ORDERS OF THE DAY, OTHER BUSINESS, Motions, be again called.

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

That, in the interest of promoting the autonomy and independence of the Senate, the Senate calls on the Governor in Council to appoint the Clerk of the Senate and Clerk of the Parliaments in accordance with the express recommendation of the Senate.

And on the motion in amendment of the Honourable Senator Saint-Germain, seconded by the Honourable Senator Housakos:

That the motion be not now adopted, but that it be amended by adding the following before the period:

“; and

That it be an instruction to the Standing Committee on Internal Economy, Budgets and Administration that it consider and recommend to the Senate, no later than the fifteenth day the Senate sits after the adoption of this motion, a process by which the Senate could submit to the Governor in Council its recommendation on the nomination of a person or list of persons with the skills and capacities required for the position of Clerk of the Senate and Clerk of the Parliaments”.

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

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

MOTIONS

The Honourable Senator Marwah moved, seconded by the Honourable Senator Pratte:

That, in order to allow senators to attend a mandatory training session on the prevention of harassment in the workplace, pursuant to the recommendations of the first report of the Subcommittee on Human Resources of the Standing Committee on Internal Economy, Budgets and Administration, if the Senate sits on Tuesday, November 20, 2018:

(a)it adjourn no later than 4 p.m., as if that were the ordinary time of adjournment provided for in rule 3-4;

(b)if a vote had been deferred to 5:30 p.m. on that day, it instead take place at the end of Routine Proceedings, with the bells to call in the senators ringing for 15 minutes before the vote; and

(c)notwithstanding any provision of the Rules, previous order or usual practice, committees not meet between 4 p.m. and 7:30 p.m. on that day.

After debate,

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

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The Honourable Senator Woo moved, seconded by the Honourable Senator Saint-Germain:

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to meet at 5 p.m. on Tuesday, November 6, 2018, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

After debate,

With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to meet at 6:15 p.m. on Tuesday, November 6, 2018, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

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The Honourable Senator Tannas moved, seconded by the Honourable Senator Oh:

That the Senate, taking note:

1.that both Houses of Parliament have agreed to relocate temporarily their meeting chambers from the Centre Block, in order to allow a complete renovation of the building;

2.that these renovations are expected to last until 2028; and

3.that it is planned for both houses to return simultaneously to the Centre Block;

express its desire that the government:

1.rename the Government Conference Centre as “The Senate of Canada Building” during the period that the Senate Chamber is located there; and

2.consult with the Senate as to appropriate signage for that building during that period.

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

INQUIRIES

Order No. 48 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

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 3:26 p.m., the Senate was continued until Tuesday, November 6, 2018, at 2 p.m.)


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Ringuette replaced the Honourable Senator Verner, P.C. (November 1, 2018).

The Honourable Senator Dagenais replaced the Honourable Senator Mockler (October 31, 2018).

The Honourable Senator Mockler replaced the Honourable Senator Patterson (October 31, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Pate replaced the Honourable Senator Dalphond (November 1, 2018).

The Honourable Senator Forest-Niesing replaced the Honourable Senator Lankin, P.C. (November 1, 2018).

The Honourable Senator Gold replaced the Honourable Senator Pate (November 1, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Frum replaced the Honourable Senator Poirier (October 31, 2018).

Standing Senate Committee on Transport and Communications

The Honourable Senator Miville-Dechêne replaced the Honourable Senator Simons (November 1, 2018).

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