The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)BoehmBonifaceBoveyBoyerBussonCampbellCarignanChristmasCormierCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

Anderson*AndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Boehm*BoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmas*CordyCormierCoyleDagenaisDalphondDaskoDawson*DayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart 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

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Moncion, Joint Chair of the Standing Joint Committee on the Library of Parliament, tabled the third report of the committee, entitled Main Estimates 2019-20: Vote 1 under Library of Parliament.—Sessional Paper No. 1/42-3071S.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Coyle, that the report be placed on the Orders of the Day for consideration at the next sitting.

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

o o o

The Honourable Senator Petitclerc presented the following:

Thursday, May 30, 2019

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

THIRTY-FIFTH REPORT

Your committee, to which was referred Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, has, in obedience to the order of reference of May 2, 2019, examined the said bill and now reports the same with the following amendments:

1.Clause 1, page 1: Add the following after line 8:

“mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)”.

2.Clause 2, page 1: Add the following after line 13:

“(c.1) the Service considers and gives preference to alternatives to carceral isolations, notably through a broad interpretation — informed by human rights — of sections 29, 81 and 84, thereby recognizing the fundamental role of transfers of incarcerated persons to community-based institutions funded by the Service in promoting rehabilitation, reintegration and public safety;

(c.2) the Service ensures the effective delivery of

(i) programs to incarcerated persons for the purpose of rehabilitation, including educational programs, vocational training and volunteer programs, and

(ii) including alternatives developed in accordance with sections 29, 81 and 84;”.

3.Clause 3, page 2: Add the following after line 2:

“(2.01) As part of the development of every offender’s correctional plan under subsection (1), the institutional head shall refer, in the prescribed manner, the offender for a mental health assessment as soon as practicable — and no later than 30 days — after the offender is received into the penitentiary.”.

4.Clause 7, pages 3 and 4:

(a)On page 3,

(i)replace line 23 with the following:

“(a) to a hospital, including any mental health facility, or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations;

(b) within a penitentiary, from an area that has been”,

(ii)replace lines 28 and 29 with the following:

“28; or

(c) to another penitentiary, in accordance with the”, and

(iii)replace lines 31 to 34 with the following:

“section 28.”; and

(b)on page 4,

(i)add the following after line 5:

“(1.1) Within 24 hours of a person being transferred into a structured intervention unit in a penitentiary under subsection (1), the person who authorized the transfer shall refer, in the prescribed manner, the inmate for a mental health assessment.”, and

(ii)add the following after line 11:

“29.02 If a mental health assessment or an assessment by a registered health care professional concludes that an incarcerated person suffers from any disabling mental health issue, the Commissioner shall authorize that person’s transfer to a psychiatric hospital in accordance with section 29.”.

5.Clause 10, pages 5 and 15:

(a) On page 5, replace lines 19 and 20 with the following:

“33 (1) Any confinement in a structured intervention unit is to end as soon as possible. In particular, no such confinement is to have a duration of more than 48 hours unless authorized by a Superior Court under subsection (2).

(2) A Superior Court may, on application by the Service, extend the duration of the period referred to in subsection (1) as the Court considers appropriate if, in the opinion of the Court, the extension is necessary for a purpose described in subsection 32(1).”; and

(b)on page 15, replace line 15 with the following:

“ment and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply”.

6.Clause 14, page 16: Replace lines 7 to 15 with the following:

“48 A staff member may not conduct a strip search of any person confined in a penitentiary without individualized reasonable grounds.”.

7.Clause 23, page 18:

(a)Replace line 29 with the following:

“er, including his or her family and adoption history.”; and

(b)replace lines 31 to 33 with the following:

“to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous person, but only to decrease the level of risk posed by such a person.”.

8.Clause 24, page 19: Replace lines 1 to 11 with the following:

“24 Section 81 of the Act is replaced by the following:

81 (1) The Minister or a person authorized by the Minister may, for the purposes of providing correctional services, enter into an agreement with

(a) an Indigenous organization;

(b) an Indigenous governing body;

(c) a community group that focuses on the needs of a disadvantaged or minority population;

(d) a community organization that serves a disadvantaged or minority population; or

(e) any other entity that will provide community-based support services, including to other specific populations.

(2) For the purposes of paragraphs (1)(c) and (d), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.

(3) An agreement under subsection (1) may provide for payment by the Minister or a person authorized by the Minister in respect of the services provided by an entity described in paragraphs (1)(a) to (e).

(4) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer a person confined in a penitentiary to an entity described in paragraphs (a) to (e) with the consent of that entity and the person serving a sentence.

(5) The Commissioner is to take all reasonable steps to

(a) identify entities described in paragraphs 1(a) to (e) for the purpose of entering into agreements; and

(b) seek to transfer persons confined in a penitentiary to an entity with which an agreement exists, particularly in cases in which the person is a member of a disadvantaged or minority population that the entity seeks to serve.

(6) No person confined in a penitentiary is to be denied a transfer to an entity with which an agreement exists if the person and the entity consent unless the transfer is, as determined by a Court of competent jurisdiction, not to be in the interests of justice.”.

9.Clause 25, page 20: Replace lines 3 to 10 with the following:

“84 (1) If a person confined in a penitentiary requests the support, on release, of an entity referred to in subsection (2), the Service shall provide that entity with an opportunity to propose a plan for the person’s release and integration into the community in which the person is to be released.

(2) The following are the relevant entities for the purposes of subsection (1):

(a) the community’s Indigenous governing body, if applicable;

(b) an Indigenous organization that is active in the community;

(c) a community group that focuses on the needs of a disadvantaged or minority population;

(d) a community organization that serves a disadvantaged or minority population; and

(e) any other entity that provides support services in the community, including to other specific populations.

(3) For the purposes of subsection (2), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.

(4) The Service shall

(a) take all reasonable measures to inform confined persons about the entities described in paragraphs (2)(a) to (e); and

(b) give every entity that has proposed a plan referred to in subsection (1) adequate notice of the person’s parole review or their statutory release date, as the case may be.

(5) If the Parole Board of Canada makes any decision that is inconsistent with a plan that has been proposed by an entity for the release and integration of a person into a community, it shall provide written reasons for its decision.”.

10.New clause 35.1, page 23: Add the following after line 34:

“35.1 The Act is amended by adding the following after section 198:

PART III.1

Unfairness in the Administration of a Sentence

198.1 (1) An incarcerated person may apply to the court that imposed the sentence being served for an order reducing the period of their incarceration or parole ineligibility as the Court considers appropriate and just in the circumstances if, in the opinion of the Court, there was unfairness in the administration of a sentence.

(2) In subsection (1), unfairness in the administration of a sentence includes any decision, recommendation, act or omission of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affected the person and that was

(a) contrary to law or an established policy;

(b) unreasonable, unjust, oppressive or improperly discriminatory;

(c) based wholly or partly on a mistake of law or fact; or

(d) an abuse of discretionary power.

(3) An application under subsection (1) must be made

(a) no later than 60 days after

(i) the events giving rise to the alleged unfairness in the administration of a sentence occurred,

(ii) the Service has provided to the incarcerated person any incident report or other document related to the events giving rise to the alleged unfairness in the administration of a sentence, or

(iii) the person is informed of the conclusions and recommendations of the Correctional Investigator under section 178 in relation to these events; or

(b) within any other period of time that the Court may establish, at its discretion and at any time, if that period is greater than the period referred to in paragraph (a).

(4) Nothing in this section abrogates or derogates from any other right or remedy that may be available to an incarcerated person, including a right or remedy under this Act.”.

11.Clause 40.1, pages 24 and 25:

(a)On page 24, replace lines 25 to 31 with the following:

“40.1 (1) At the start of the second year after the day on which this section comes into force, and at the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions enacted by this Act must be undertaken by a committee of the Senate and a committee of the House of Commons that may be designated or established for that purpose.

(2) The review referred to in subsection (1) must include a review of the progress that has been made in eliminating practices that involve separating an incarcerated person from the general population of a penitentiary.

(3) A committee referred to in subsection (1) must, within one year after a review is undertaken under that subsection, submit a report to the House of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends for the purpose of ensuring the elimination of practices that involve separating an incarcerated person from the general population of a penitentiary.”; and

(b)on page 25, delete lines 1 to 7.

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

Respectfully submitted,

Observations

to the thirty-fifth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-83)

Your committee has, to the best of its ability, examined the subject matter of Bill C-83 and has worked diligently under challenging time constraints.

Your committee requests that the constitutional questions that arose during the study of Bill C-83 be more adequately addressed by the Chamber at third reading.

Training:

Your committee is concerned that Bill C-83 does not prescribe mental health training programs and relevant competencies for Correctional Service Canada staff to assist them in identifying and supporting individuals with mental illness who are incarcerated, which is important to their rehabilitation.

Structured Intervention Units programming:

Your committee is concerned that Bill C-83 does not provide information on the nature of the therapeutic or rehabilitative programming provided to individuals who are incarcerated in Structured Intervention Units (SIU); the criteria for selecting individuals for the programming; or how such programming will be evaluated. This information is an important component of understanding and improving the mental health of individuals placed in SIU.

The Honourable Senator Petitclerc moved, seconded by the Honourable Senator Cormier, that the report be placed on the Orders of the Day for consideration at the next sitting.

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

Question Period

The Senate proceeded to Question Period.

Delayed Answers

The Honourable Senator Marwah tabled the following:

Response to the oral questions asked in the Senate on May 2, 2019 by the Honourable Senator Carignan P.C. to the Chair of the Standing Committee on Internal Economy, Budgets and Administration, concerning parliamentary translation services.—Sessional Paper No. 1/42-3072S.

Orders of the Day

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill C-81, An Act to ensure a barrier-free Canada,

And to acquaint the Senate that the Commons has agreed to the amendments made by the Senate to this bill, without amendment.

Government Business

Bills – Third Reading

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

o o o

Third reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, as amended.

The Honourable Senator Christmas moved, seconded by the Honourable Senator Busson, that the bill, as amended, be read for a third time.

After debate,

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

Bills – Reports of Committees

Resuming debate on the motion of the Honourable Senator Galvez, seconded by the Honourable Senator Klyne, for the adoption of the nineteenth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (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, with amendments and observations), presented in the Senate on May 28, 2019.

After debate,

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

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Wallin, that the bill, as amended, 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.

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Boyer, seconded by the Honourable Senator Bellemare, for the second reading of Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting).

After debate,

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

The bill was then read the second time.

The Honourable Senator Boyer moved, seconded by the Honourable Senator Francis, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

Reports of Committees – Other

Orders No. 22 to 28 were called and postponed until the next sitting.

o o o

Consideration of the sixteenth report of the Standing Senate Committee on Aboriginal Peoples (Subject matter of Bill C-91, An Act respecting Indigenous languages), tabled in the Senate on April 30, 2019.

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 seventeenth report of the Standing Senate Committee on Aboriginal Peoples (Subject matter of Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families), tabled in the Senate on May 13, 2019.

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.

Motions

Orders No. 1 and 246 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, for the remainder of the current session:

(a)when the Senate sits on a Monday or a Friday it stand adjourned at the earlier of the end of Government Business or the ordinary time of adjournment, unless the sitting has been suspended for the purpose of taking a deferred vote or has earlier adjourned;

(b)when a vote has been deferred to a Monday or a Friday, the Speaker interrupt the proceedings, if required, immediately prior to any adjournment, but no later than the time provided for in paragraph (a) of this order, to suspend the sitting until the time for the ringing of the bells for the deferred vote; and

(c)committees be authorized to meet when the sitting is suspended pursuant to the terms of this order.

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

o o o

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 Monday, June 3, 2019, at 6 p.m.;

That committees of the Senate scheduled to meet on that day be authorized to do so for the purpose of considering government business, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto;

That, notwithstanding any provision of the Rules, if a vote is deferred to that day, the bells for the vote ring at the start of Orders of the Day, for 15 minutes, with the vote to be held thereafter;

That rule 3-3(1) be suspended on that day; and

That the Senate stand adjourned at the end of Government Business on that day.

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

Inquiries

Order No. 4 was called and postponed until the next sitting.

Other Business

Bills – Messages from the House of Commons

Resuming debate on the motion of the Honourable Senator Seidman, seconded by the Honourable Senator Boisvenu:

That the Senate agree to the amendments made by the House of Commons to Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children); and

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

And on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Bovey:

That the motion, together with the message from the House of Commons on the same subject dated September 19, 2018, be referred to the Standing Senate Committee on Agriculture and Forestry for consideration and report.

In amendment, the Honourable Senator Smith moved, seconded by the Honourable Senator Martin:

That the motion be not now adopted, but that it be amended by adding the following after the word “report”:

“, and that the committee hold no fewer than five meetings”.

After debate,

The question was put on the motion in amendment.

Pursuant to the order adopted earlier today, a standing vote was deferred to Monday, June 3, 2019, with the bells for the vote to ring at the start of Orders of the Day, for 15 minutes, with the vote to be held thereafter.

o o o

Order No. 2 was called and postponed until the next sitting.

Senate Public Bills – Third Reading

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

Commons Public Bills – Third Reading

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

Private 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.

Commons Public Bills – Reports of Committees

Consideration of the sixteenth report of the Standing Senate Committee on Agriculture and Forestry (Bill C-281, An Act to establish a National Local Food Day, with amendments), presented in the Senate on May 29, 2019.

The Honourable Senator Griffin moved, seconded by the Honourable Senator Mégie, that the report be adopted.

The Honourable Senator Omidvar moved, for the Honourable Senator Black (Ontario), 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.

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gold, for the second reading of Bill S-259, An Act respecting the repurposing of certain seized, frozen or sequestrated assets.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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. 10 and 11 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

o o o

Second reading of Bill C-391, An Act respecting a national strategy for the repatriation of Indigenous human remains and cultural property.

The Honourable Senator Christmas moved, seconded by the Honourable Senator Deacon (Ontario), that the bill be read the second time.

The Honourable Senator Christmas moved, seconded by the Honourable Senator Deacon (Ontario), 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. 9 and 10 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 7, 50 and 100 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Pratte, for the adoption of the 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.

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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. 102 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Bovey, for the adoption of the twenty-ninth report (interim) of the Standing Senate Committee on Banking, Trade and Commerce, entitled The collection of financial information by Statistics Canada, tabled in the Senate on December 11, 2018.

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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. 105, 107, 110, 114 and 117 were called and postponed until the next sitting.

o o o

Consideration of the forty-first report of the Standing Committee on Internal Economy, Budgets and Administration (Committee budget - legislation), presented in the Senate on May 16, 2019.

The Honourable Senator Marwah moved, seconded by the Honourable Senator Sinclair, that the report be adopted.

After debate,

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

o o o

Order No. 119 was called and postponed until the next sitting.

o o o

Consideration of the third report of the Special Committee on the Arctic (Budget—consider the significant and rapid changes to the Arctic and the impacts on original inhabitants), presented in the Senate on May 16, 2019.

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

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

o o o

Resuming debate on the motion of the Honourable Senator Dyck, seconded by the Honourable Senator Lovelace Nicholas, for the adoption of the eighteenth report of the Standing Senate Committee on Aboriginal Peoples (Supplementary budget—examination of federal government’s constitutional and legal responsibilities to Aboriginal Peoples—power to hire staff), presented in the Senate on May 16, 2019.

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

Motions

Orders No. 73, 89, 215, 302, 310, 325, 357 and 358, and 371 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator Klyne:

That the Senate, in light of the decisions made by the Government of Ontario with respect to the Office of the French Language Services Commissioner and the Université de l’Ontario français:

1.reaffirm the importance of both official languages as the foundation of our federation;

2.remind the Government of Canada of its responsibility to defend and promote language rights, as expressed in the Canadian Charter of Rights and Freedoms and the Official Languages Act; and

3.urge the Government of Canada to take all necessary measures, within its jurisdiction, to ensure the vitality and development of official language minority communities.

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.

o o o

Orders No. 439, 468 and 470 were called and postponed until the next sitting.

SPEAKER'S RULING

Honourable senators, I am now ready to rule on the point of order raised by Senator Ringuette on Wednesday, May 15, 2019.

The point of order concerned an amendment to motion 474. Motion 474 by Senator Pratte sought to establish a Special Committee on Prosecutorial Independence. Senator Plett then moved an amendment to have this study instead conducted by the Standing Senate Committee on Legal and Constitutional Affairs.

Senator Ringuette argued that Senator Plett’s amendment is not admissible as it is beyond the scope of the motion. She suggested that the purpose, or the pith and substance, of Senator Pratte’s motion is the creation of a special committee. By removing the idea of a special committee, she argued that the amendment is therefore contrary to the motion.

Other senators disagreed. In particular, Senator Martin argued that the purpose of motion 474 is not to create a special committee, but to conduct a study of prosecutorial independence – the special committee is only the vehicle by which this study would take place. Senator Plett’s amendment, therefore, simply proposes a different vehicle, while maintaining the core purpose of the study.

The argument really comes down to whether the purpose of the motion is the creation of a special committee, or the study of prosecutorial independence.  Either would seem to be reasonable conclusions to draw. 

In a ruling on February 24, 2009, the Speaker noted that, “In situations where the analysis is ambiguous, several Senate Speakers have expressed a preference for presuming a matter to be in order, unless and until the contrary position is established. This bias in favour of allowing debate, except where a matter is clearly out of order, is fundamental to maintaining the Senate’s role as a chamber of discussion and reflection.”

In the present case, I do not believe that the motion in amendment has been clearly established as being out of order. As such, the Senate should be allowed to consider the question and determine for itself whether the alternative proposed by the amendment is desirable.

I therefore find that the amendment is in order, and debate can continue.

Motions

Resuming debate on the motion of the Honourable Senator Pratte, seconded by the Honourable Senator Marwah:

That a Special Committee on Prosecutorial Independence be appointed to examine and report on the independence of the Public Prosecution Service of Canada and of the Attorney General of Canada;

That the committee be composed of six senators from the Independent Senators Group, three Conservative senators and one Independent Liberal senator, to be nominated by the Committee of Selection, and that four members constitute a quorum;

That the committee examine and report on the separation of the functions of the Minister of Justice and those of the Attorney General of Canada, and on other initiatives that promote the integrity of the administration of justice;

That the committee also examine and report on remediation agreements as provided by PART XXII.1 of the Criminal Code, in particular, the appropriate interpretation of the national economic interest mentioned in subsection 715.32(3) of the Criminal Code;

That the committee have the power to send for persons, papers and records; to examine witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;

That, notwithstanding rule 12-18(1), the committee be authorized to meet even though the Senate may then be sitting;

That, notwithstanding rule 12-18(2)(b)(i), the committee have the power to meet from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week; and

That the committee be empowered to report from time to time and submit its final report no later than June 1, 2019, and retain all powers necessary to publicize its findings until 30 days after the tabling of the final report.

And on the motion in amendment of the Honourable Senator Plett, seconded by the Honourable Senator Wells:

That the motion be not now adopted, but that it be amended by:

1.Replacing the words “a Special Committee on Prosecutorial Independence be appointed” with the words “the Standing Senate Committee on Legal and Constitutional Affairs be authorized”;

2.Deleting the paragraph beginning with the words “That the committee be composed of six senators”;

3.Deleting the paragraph beginning with the words “That the committee have the power to send for persons”; and

4.Deleting the words “be empowered to report from time to time and”.

After debate,

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Woo, 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

Orders No. 476 and 478 were called and postponed until the next sitting.

Inquiries

Order No. 12 was called and postponed until the next sitting.

o o o

Order No. 20 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 26, 36, 39 and 40, 47, 52 and 55 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Richards, calling the attention of the Senate to the decimation of Atlantic salmon spawning grounds on the Miramichi, Restigouche and their tributaries.

The Honourable Senator Griffin moved, seconded by the Honourable Senator Christmas, 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. 57 and 58 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Downe, calling the attention of the Senate to :

(a)The importance of the federally-owned Confederation Bridge to the economy and way of life of Prince Edward Island, providing a vital link for commerce, tourism and the necessities of daily life for the people of that province;

(b)The heavy financial burden imposed by the toll on that Bridge, which amounted to $35.00 when it was first opened in May of 1997, but now stands at $47.75, an increase of 36 per cent, surely making the $3.70 per kilometer drive one of the most costly in Canada;

(c)The fact that while Prince Edward Islanders are grateful to have Confederation Bridge for the tremendous convenience and reduced transportation time for goods travelling to and from the Island, the reason Islanders initially agreed to a toll was the understanding that large scale federal transportation infrastructure programs required a “user pay” system in the form of tolls, and that was the only way they were going to get a bridge to replace the previous year-round ferry service;

(d)The change to that longstanding user pay policy when Justin Trudeau promised in the middle of the 2015 election campaign to cancel the toll on the replacement Champlain Bridge — like Confederation Bridge, also federally owned — being built in Montreal if he won;

(e)The Liberal victory in October of 2015 that resulted in the promised cancellation of the toll. However, keeping that impulsive election promise has pitted region against region and Canadians against Canadians. The feeling among many Prince Edward Islanders is that the federal government has favoured one part of the country by eliminating the toll on one bridge it owns and not on the other, and they wonder why Canadians are being treated differently depending on where they live;

(f)The repeated government justification for this unequal treatment — that the Champlain Bridge’s status as a “replacement” bridge warrants such inequality — rings hollow among those on the losing end of this disparity, both because the original Champlain Bridge charged a toll for 28 years, until it was paid for, and because the idea that the new Champlain Bridge is a “replacement bridge” is a distinction without a difference. Every bridge is a replacement for what came before, be that an older bridge, a ferry, or an alternate route. The decision to treat “new” and “replacement” bridges differently is every bit as much a political decision as the decision to cancel the toll on the Champlain Bridge;

(g)The Prime Minister’s statement, when asked in January 2017 about the unfairness of the toll on Confederation Bridge, that he would commit to, in his words “look at what can be done to make sure that people are able to travel freely and openly across this country at modest costs”, is a two year old commitment to Prince Edward Islanders that remains unfulfilled and is a promise unkept;

(h)Therefore, the Senate Chamber should examine and discuss the strain on the unity of Canada caused by this inconsistency in how our fellow citizens are treated, depending on where they reside in Canada and recommend to the government possible solutions to this problem.

After debate,

The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator White, 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

Resuming debate on the inquiry of the Honourable Senator Moodie, calling the attention of the Senate to the issue of vaccine hesitancy and corresponding threats to public health in Canada.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Anderson, that further debate on the inquiry be adjourned until the next sitting.

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

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 4:49 p.m., the Senate was continued until Monday, June 3, 2019, at 6 p.m.)

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Interim Order Respecting the Protection of Killer Whales (Ornicus orca) in the Waters of Southern British Columbia (81100-3-75), dated May 24, 2019, pursuant to the Canada Shipping Act, R.S.C. 2001, c. 26, sbs. 10.1.—Sessional Paper No. 1/42-3069.

Interim Order No. 4 Respecting Flooded Areas (81100-3-74-3), dated May 24, 2019, pursuant to the Canada Shipping Act, R.S.C. 2001, c. 26, sbs. 10.1.—Sessional Paper No. 1/42-3070.

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator McInnis replaced the Honourable Senator MacDonald (May 30, 2019).

The Honourable Senator MacDonald replaced the Honourable Senator McInnis (May 29, 2019).

Standing Senate Committee on Human Rights

The Honourable Senator Kutcher replaced the Honourable Senator Brazeau (May 30, 2019).

The Honourable Senator Cormier replaced the Honourable Senator Hartling (May 30, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Frum replaced the Honourable Senator MacDonald (May 30, 2019).

The Honourable Senator Pate replaced the Honourable Senator Dupuis (May 30, 2019).

The Honourable Senator Moodie replaced the Honourable Senator Pratte (May 30, 2019).

The Honourable Senator Boniface replaced the Honourable Senator Sinclair (May 30, 2019).

The Honourable Senator Kutcher replaced the Honourable Senator Gold (May 30, 2019).

The Honourable Senator Sinclair replaced the Honourable Senator Boniface (May 30, 2019).

The Honourable Senator Boniface replaced the Honourable Senator Sinclair (May 30, 2019).

Standing Senate Committee on Transport and Communications

The Honourable Senator Galvez replaced the Honourable Senator Saint-Germain (May 30, 2019).

The Honourable Senator Boisvenu replaced the Honourable Senator Dagenais (May 29, 2019).