The Members convened were:

The Honourable Senators

AndersonAtaullahjanAudetteBattersBellemareBlackBoehmBonifaceBoveyBoyerBrazeauBussonCampbellCardozoCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDupuisFrancisFureyGagnéGerbaGignacGoldGreeneHarderHartlingHousakosJafferKlyneLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMiville-DechêneMoncionOhOmidvarPatePatterson (Nunavut)Patterson (Ontario)PetitclercPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSmithSorensenTannasVernerWallinWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanAudetteBattersBellemareBlackBoehmBonifaceBoveyBoyerBrazeauBussonCampbellCardozoCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDupuisFrancisFureyGagnéGerbaGignacGoldGreeneHarderHartlingHousakosJafferKlyneLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMiville-DechêneMoncionOhOmidvarPatePatterson (Nunavut)Patterson (Ontario)PetitclercPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSmithSorensenTannasVernerWallinWellsWooYussuff

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.

Question Period

Pursuant to the order adopted on December 7, 2021, the Senate proceeded to Question Period.

The Honourable Jonathan Wilkinson, P.C., M.P., Minister of Natural Resources, entered the Senate and took part in Question Period.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Housakos, Chair of the Standing Senate Committee on Transport and Communications, presented the committee’s third report (Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, with amendments and observations).

(The report is printed as an appendix at pages 1152-1171 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

Ordered: That the report be placed on the Orders of the Day for consideration later this day.

o o o

The Honourable Senator Jaffer presented the following:

Wednesday, December 14, 2022

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

NINTH REPORT

Your committee, to which was referred Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders), has, in obedience to the order of reference of April 26,2022, examined the said bill and now reports the same with the following amendments:

1. Delete clause 1, page 1.

2.Clause 2, pages 1 and 2:

(a) On page 1, replace lines 19 to 23 with the following:

“(e.1) wear an electronic monitoring device, if the Attorney General makes the request;”;

(b) on page 2,

(i) replace lines 8 to 14 with the following:

“(4) The Act is amended by adding the following after subsection 515(14):”,

(ii) replace lines 16 and 17 with the following:

“justice must ask the prosecutor whether victims of the offence have been”.

3.Clause 3, page 3: Replace line 28 with the following:

“(d) to wear an electronic monitoring device, with the consent of the Attorney General;”.

4.New clause 11.1, page 9: Add the following after line 31:

“Coordinating Amendment

11.1 (1) Subsections (2) to (4) apply if Bill C-233, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner) (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 1(1) of the other Act comes into force before subsection 2(2) of this Act, then subsection 515(4.2) of the Criminal Code is amended by adding “or” at the end of paragraph (a.1) and by repealing paragraph (a.2).

(3) If subsection 2(2) of this Act comes into force before subsection 1(1) of the other Act, then that subsection 1(1) is repealed.

(4) If subsection 2(2) of this Act comes into force on the same day as subsection 1(1) of the other Act, then that subsection 1(1) is deemed never to have come into force and is repealed.”.

5. Make any necessary consequential changes to the numbering of provisions and cross-references resulting from the amendments to the bill.

Respectfully submitted,

Observations to the Ninth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-205)

The committee heard compelling testimony from witnesses, several of whom are survivors of intimate partner violence, that much more needs to be done to address the causes of this violence and to support survivors. The amendments made in Bill S-205 aim to provide additional tools to help survivors feel safer in the knowledge that their aggressor’s location can be known and that the aggressor may be receiving treatment. This committee underscores the importance of also investing greater resources in programs that can help address this violence, including enhancing and ensuring: capacity and resources at women’s shelters, financial independence for women, more responsive and respectful treatment of victims by police and prosecutorial authorities, and effective interventions and treatment programs for aggressors, among other things.

The committee has reported in the past about how the Criminal Code has been amended in a piecemeal manner for many decades and has become cumbersome, sometimes repetitive or inconsistent, and is in need of comprehensive reform (see, for instance, the committee’s 2017 report Delaying Justice is Denying Justice at pages 41 to 43). The committee repeats its past recommendation that an independent body should undertake a comprehensive review of the Criminal Code. The newly revived Law Commission of Canada could undertake such a review, which should include a study of all provisions in the Code that pertain to violence against women, particularly intimate partner violence. The committee requests that it be mandated by the Senate to undertake a review of applicable sanctions in cases involving violence against women, including the underlying values of such sanctions.

We encourage the Government of Canada to work with provinces and territories to collectively take greater urgent action to address violence against women and to support victims/survivors of intimate partner violence and domestic violence.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Francis, 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 Jaffer, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented the committee’s tenth report (Bill S-11, A fourth Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law, without amendment).

The Honourable Senator Clement moved, seconded by the Honourable Senator Dean, 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.

o o o

The Honourable Senator Gignac, for the Chair of the Standing Senate Committee on National Finance, presented the committee’s eighth report (Bill C-32, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022 and certain provisions of the budget tabled in Parliament on April 7, 2022, without amendment).

The Honourable Senator Loffreda moved, seconded by the Honourable Senator Sorensen, 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.

o o o

The Honourable Senator Gignac, for the Chair of the Standing Senate Committee on National Finance, tabled the ninth report of the committee, entitled Supplementary Estimates (B) for the fiscal year ending March 31, 2023.—Sessional Paper No. 1/44-1457S.

The Honourable Senator Gignac moved, seconded by the Honourable Senator Gerba, 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 Black, Chair of the Standing Senate Committee on Agriculture and Forestry, presented the committee’s seventh report (Bill C-235, An Act respecting the building of a green economy in the Prairies, without amendment).

The Honourable Senator Cotter moved, seconded by the Honourable Senator Woo, 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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Boehm moved, seconded by the Honourable Senator Cormier:

That the Standing Senate Committee on Foreign Affairs and International Trade have the power to meet on Thursday, December 15, 2022, 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, it was adopted.

Orders of the Day

Government Business

Bills – Third Reading

Third reading of Bill C-36, An Act for granting to His Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2023.

The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson, that the bill be read for a third time.

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

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

Bills – Reports of Committees

Consideration of the third report of the Standing Senate Committee on Transport and Communications (Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, with amendments and observations), presented in the Senate on December 14, 2022.

The Honourable Senator Housakos moved, seconded by the Honourable Senator Martin, that the report be adopted.

After debate,

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

AndersonBellemareBlackBoehmBonifaceBoveyBussonCampbellCardozoClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDupuisFrancisGagnéGerbaGignacGoldHarderHartlingJafferKlyneLaBoucane-BensonLoffredaMarwahMassicotteMcCallumMiville-DechêneMoncionOmidvarPatePatterson (Ontario)PetitclercQuinnRavaliaRinguetteSaint-GermainSorensenTannasWooYussuff—51

NAYS

The Honourable Senators

AtaullahjanBattersCarignanHousakosMacDonaldMartinOhPatterson (Nunavut)PlettRichardsSeidmanSmithVernerWallinWells—15

ABSTENTIONS

The Honourable Senators

Nil

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

---

With leave,

The Senate reverted to Presenting or Tabling Reports from Committees.

The Honourable Senator Ataullahjan, Chair of the Standing Senate Committee on Human Rights, tabled the fifth report (interim) of the committee, entitled Canada’s Restrictions on Humanitarian Aid to Afghanistan.—Sessional Paper No. 1/44-1458S.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Seidman, 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.

Orders of the Day

Government Business

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Audette, seconded by the Honourable Senator Mégie, for the second reading of Bill C-29, An Act to provide for the establishment of a national council for reconciliation.

After debate,

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

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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons with Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator Gagné, 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.

o o o

A message was brought from the House of Commons to return Bill S-223, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs),

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

Government Business

Reports of Committees – Other

Order No. 7 was called and postponed until the next sitting.

Motions

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

Inquiries

Orders No. 3 and 4 were called and postponed until the next sitting.

Other Business

Commons Public Bills – Second Reading

Second reading of Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985.

The Honourable Senator Wells moved, seconded by the Honourable Senator Batters, that the bill be read the second time.

After debate,

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

The bill was then read the second time.

The Honourable Senator Wells moved, seconded by the Honourable Senator Batters, that the bill be referred to the Standing Senate Committee on Banking, Commerce and the Economy.

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

o o o

Resuming debate on the motion of the Honourable Senator Dalphond, seconded by the Honourable Senator Harder, P.C., for the second reading of Bill C-233, An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner).

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

The bill was then read the second time.

The Honourable Senator Dalphond moved, seconded by the Honourable Senator Cordy, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

Resuming debate on the motion of the Honourable Senator Oh, seconded by the Honourable Senator Wells, for the second reading of Bill C-242, An Act to amend the Immigration and Refugee Protection Act (temporary resident visas for parents and grandparents).

After debate,

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

The bill was then read the second time.

The Honourable Senator Oh moved, seconded by the Honourable Senator Wells, 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.

ADJOURNMENT

The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson:

That the Senate do now adjourn.

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

(Accordingly, at 5:23 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 Public Service Commission for the fiscal year ended March 31, 2022, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 “23(2)” and 13.—Sessional Paper No. 1/44-1455.

Report of the National Arts Centre, together with the Auditor General’s Report, for the fiscal year ended August 31, 2022, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2).—Sessional Paper No. 1/44-1456.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Marwah was added to the membership (December 14, 2022).

The Honourable Senator Cormier replaced the Honourable Senator Sorensen (December 14, 2022).

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Deacon (Nova Scotia) (December 14, 2022).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Yussuff replaced the Honourable Senator Moodie (December 14, 2022).

Standing Senate Committee on National Finance

The Honourable Senator Dean replaced the Honourable Senator Galvez (December 14, 2022).