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Journals of the Senate

1 Charles III , A.D. 2023, Canada

1st Session, 44th Parliament

Issue 137 (Unrevised)

Wednesday, June 21, 2023
2 p.m.

The Honourable RAYMONDE GAGNÉ, Speaker


The Members convened were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBernardBlackBoehmBoisvenuBonifaceBoyerBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisForestGagnéGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithSorensenTannasVernerWallinWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBernardBlackBoehmBoisvenuBonifaceBoyerBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)Dean*DowneDuncanDupuisForest*FrancisGagnéGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithSorensenTannasVernerWallinWellsWooYussuff

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 tragedy near Petawawa, Ontario, on June 20, 2023.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Introduction and First Reading of Senate Public Bills

The Honourable Senator Dalphond introduced Bill S-270, An Act to amend the Health of Animals Act and the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (live horses).

The bill was read the first time.

The Honourable Senator Dalphond 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 Forest tabled the following:

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, Meeting of the Parliamentary Affairs Committee of the Assemblée parlementaire de la Francophonie, Brussels, Belgium, May 23 to 25, 2022.—Sessional Paper No. 1/44-1864.

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, Working Group on Reforming the APF Constitution, Paris, France, November 3 and 4, 2022.—Sessional Paper No. 1/44-1865.

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, 27th United Nations Conference on Climate Change, Sharm el-Sheikh, Egypt, November 10 and 11, 2022.—Sessional Paper No. 1/44-1866.

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, XVIIIth Summit of La Francophonie, Djerba, Tunisia, November 18 to 20, 2022.—Sessional Paper No. 1/44-1867.

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, Leadership Workshop for Francophone Women Parliamentarians, Paris, France, December 12 to 16, 2022.—Sessional Paper No. 1/44-1868.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

The Honourable Senator LaBoucane-Benson tabled the following:

Response to the oral question asked in the Senate on June 8, 2022, by the Honourable Senator Martin, concerning the cost implications of Bill C-13.—Sessional Paper No. 1/44-1869S.

Response to the oral question asked in the Senate on May 18, 2023, by the Honourable Senator Wells, concerning a Canadian airline crew detained abroad.—Sessional Paper No. 1/44-1870S.

Orders of the Day

Government Business

Motions

The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Gold, P.C.:

That, notwithstanding the order adopted by the Senate on September 21, 2022, the sitting of Wednesday, June 21, 2023, continue beyond 4 p.m., if Government Business is not completed, and adjourn at the earlier of the completion of Government Business or midnight.

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

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Loffreda, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023.

After debate,

In amendment, the Honourable Senator Tannas moved, seconded by the Honourable Senator Osler:

That Bill C-47 be not now read a third time, but that it be amended,

(a) on page 402, by adding the following after line 5:

680.1 Section 385.2 of the Act is repealed.”;

(b) on page 402, by adding the following after line 10:

Coming into Force

682 Section 680.1 comes into force on the second anniversary of the day on which this Act receives royal assent.”.

After debate,

The question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

AtaullahjanBattersBoisvenuDagenaisDaskoDeacon (Nova Scotia)GreeneHousakosMacDonaldManningMarshallMcCallumMcPhedranMoodieOhOslerPatePatterson (Nunavut)QuinnRichardsTannasVernerWallin—23

NAYS

The Honourable Senators

ArnotBoehmBonifaceBoyerBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDalphondDeacon (Ontario)DeanDuncanDupuisForestGagnéGignacGoldGreenwoodHarderHartlingJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMartinMarwahMassicotteMégieMocklerMoncionOmidvarPetitclercPettenPlettRavaliaRinguetteSaint-GermainSeidmanShugartSmithSorensenWellsYussuff—50

ABSTENTIONS

The Honourable Senators

AudetteBernardGerbaMiville-DechênePatterson (Ontario)Simons—6


Ordered: That, notwithstanding any provision of the Rules, previous order or usual practice, the evening suspension provided for in rule 3-3(1) be for only one hour on June 21 and 22, 2023, starting at 6 p.m.


Pursuant to rule 3-3(1) and the order adopted by the Senate earlier today, the Speaker left the Chair to resume the same at 7 p.m.

The sitting resumed.

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Loffreda, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023.

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.

Bills – Reports of Committees

Consideration of the fifteenth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act, with amendments and observations), presented in the Senate on June 20, 2023.

The Honourable Senator Cotter moved, seconded by the Honourable Senator Simons, that the report be adopted.

After debate,

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

The Honourable Senator Busson moved, seconded by the Honourable Senator Ravalia, 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

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

o o o

Resuming debate on the motion of the Honourable Senator Yussuff, seconded by the Honourable Senator Boehm, for the second reading of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms).

After debate,

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

YEAS

The Honourable Senators

AudetteBernardBoehmBonifaceBureyBussonCardozoClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisForestGerbaGignacGoldGreenwoodHarderHartlingJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMarwahMégieMiville-DechêneMoncionOmidvarOslerPatePatterson (Ontario)PetitclercPettenQuinnRavaliaRinguetteSaint-GermainSimonsSmithSorensenWooYussuff—52

NAYS

The Honourable Senators

AtaullahjanBattersBlackBoisvenuCarignanHousakosMacDonaldManningMarshallMartinMocklerOhPatterson (Nunavut)PlettRichardsSeidmanWallinWells—18

ABSTENTIONS

The Honourable Senators

Nil

Accordingly, Bill C-21 was read a second time.

The Honourable Senator Yussuff moved, seconded by the Honourable Senator Loffreda, that the bill be referred to the Standing Senate Committee on National Security, Defence and Veterans Affairs.

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


With leave of the Senate,

The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Gold, P.C.:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until tomorrow, Thursday, June 22, 2023, at noon.

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 in the following words:

Wednesday, June 21, 2023

EXTRACT, —

That a message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-9, An Act to amend the Judges Act, the House:

agrees with amendments 1(b)(i) and 1(c)(i) made by the Senate;

respectfully disagrees with amendments 1(g), 1(i), 1(j) and 1(k) because they undermine the mechanisms in the bill for controlling process costs and delays by introducing a second intermediate appellate level into the proposed new judicial conduct process that would duplicate the work of the first and, as a result, would introduce into the new process costs and delays comparable to those that have undermined public confidence in the current process;

respectfully disagrees with amendment 2 because it undermines the mechanisms in the bill for controlling process costs and delays by maintaining most of the unnecessary costs and delays that the bill was intended to excise from the process for obtaining court review of a Canadian Judicial Council report issued under the current process;

respectfully disagrees with amendments 1(a), 1(b)(ii), 1(f) and 1(h) because they would, taken together, have the effect of redefining the roles of lay persons, expressly defined as persons who have no legal background, in the proposed new judicial conduct process by obliging them to fulfill decision-making functions requiring legal training or that are best fulfilled by those with legal training;

respectfully disagrees with amendments 1(c)(ii) and 1(c)(iii), 1(d) and 1(e) because, taken together, they would redefine the balance struck by the bill between confidentiality and transparency considerations arising during the investigative stages of the process in a way that risks disclosing information of a personal or confidential nature, and that would require substantial new financial resources that are not otherwise necessary for the proper operation of the proposed new judicial conduct process; and

respectfully disagrees with amendments 1(b)(iii) and 1(l) because, taken together, they substantially rework the principal mechanisms contained in the bill for ensuring that the Canadian Judicial Council makes public information about the process, and these amendments do so in a way that risks disclosing information of a personal or confidential nature.

ATTEST

Eric Janse

Acting Clerk of the House of Commons

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator LaBoucane-Benson:

That the message be considered now.

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

The Senate proceeded to the consideration of the message from the House of Commons.

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator LaBoucane-Benson:

That, in relation to Bill C-9, An Act to amend the Judges Act, the Senate do not insist on its amendments with which the House of Commons disagrees; and

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

After debate,

In amendment, the Honourable Senator Batters moved, seconded by the Honourable Senator Boisvenu:

That the motion be amended:

1.by replacing the words “the Senate do not insist on its amendments” by the following:

“the Senate:

1.insist on its amendments 1(a), 1(b)(ii), 1(f), 1(g), 1(h), 1(i), 1(j), 1(k) and 2, with which the House of Commons disagrees; and

2.do not insist on its other amendments”; and

2.by replacing the last paragraph by the following:

“That, pursuant to rule 16-3, the Standing Senate Committee on Legal and Constitutional Affairs be charged with drawing up the reasons for the Senate’s insistence on its amendments; and

That, once the reasons for the insistence have been agreed to by the Senate, a message be sent to the House of Commons to acquaint that house accordingly.”.

After debate,

The question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

AtaullahjanBattersBlackBoisvenuCarignanDagenaisHousakosMacDonaldManningMarshallMartinOhPatterson (Ontario)PlettQuinnRichardsSeidmanWallinWells—19

NAYS

The Honourable Senators

BernardBoehmBonifaceBussonCardozoClementCordyCormierCotterCoyleDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisForestGerbaGignacGoldGreenwoodHarderHartlingKlyneKutcherLaBoucane-BensonLoffredaMacAdamMarwahMégieMiville-DechêneMoncionOmidvarOslerPetitclercRavaliaRinguetteSaint-GermainSimonsSmithSorensenTannasWooYussuff—45

ABSTENTIONS

The Honourable Senators

PatePatterson (Nunavut)Petten—3

The Senate resumed debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That, in relation to Bill C-9, An Act to amend the Judges Act, the Senate do not insist on its amendments with which the House of Commons disagrees; and

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

After debate,

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

o o o

A message was brought from the House of Commons to return Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations,

And to acquaint the Senate that the Commons has passed this bill with the following amendments, to which it desires the concurrence of the Senate.

The amendments were then read by the Honourable the Speaker, as follows:

AMENDMENTS made by the House of Commons to Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations.

1. Clause 5, page 2: replace lines 33 and 34 with the following:

5 (1) Paragraph 35(1)(c) of the Act is repealed.

(1.1) Subsection 35(1) of the Act is amended by adding “or” at the end of paragraph (b) and by repealing paragraphs (d) and (e).”.

2. Clause 6, page 3: replace line 3 with the following:

“sanctions on a person, entity or foreign state, within the meaning of section 2 of the Special Economic Measures Act, against which”.

3. New clause 23, page 31: add the following after line 40:

Review of Act

23 (1)

As soon as possible after the third anniversary of the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing those provisions.

(2) The committee to which the provisions are referred is to review them and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.”.

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator LaBoucane-Benson:

That the amendments be considered now.

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

The Senate proceeded to the consideration of the message from the House of Commons.

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator LaBoucane-Benson:

That, in relation to Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations, the Senate agree to the amendments made by the House of Commons; and

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

After debate,

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

o o o

A message was brought from the House of Commons with Bill C-282, An Act to amend the Department of Foreign Affairs, Trade and Development Act (supply management), to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Gerba moved, seconded by the Honourable Senator Dalphond, 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.


With leave of the Senate,

The Honourable Senator Plett moved, seconded by the Honourable Senators Saint-Germain, Tannas and Cordy:

That, notwithstanding the order adopted earlier today, today’s sitting continue to the end of Commons Public Bills – Third Reading, or midnight, whichever comes first.

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

Government Business

Reports of Committees – Other

Orders No. 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17 were called and postponed until the next sitting.

Motions

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

o o o

The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Gold, P.C.:

That the document entitled Proposals to correct certain anomalies, inconsistencies, out-dated terminology and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes and Regulations of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect, tabled in the Senate on June 20, 2023, be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

Inquiries

Orders No. 3, 4 and 5 were called and postponed until the next sitting.

Other Business

Commons Public Bills – Third Reading

Third reading of Bill C-224, An Act to establish a national framework for the prevention and treatment of cancers linked to firefighting.

The Honourable Senator Yussuff moved, seconded by the Honourable Senator Cormier, that the bill be read for a third time.

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

The bill 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, without amendment.

o o o

Third reading of Bill C-242, An Act to amend the Immigration and Refugee Protection Act (temporary resident visas for parents and grandparents).

The Honourable Senator Oh moved, seconded by the Honourable Senator Seidman, that the bill be read for a third time.

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

The bill 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, without amendment.


ADJOURNMENT

At 11:24 p.m., pursuant to the order adopted by the Senate earlier today, the Senate adjourned until 12 p.m., tomorrow.

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

Copy of the Regulations Amending Certain Regulations under the United Nations Act (P.C. 2023-581), pursuant to the Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 1/44-1860.

Report of the Canadian Transportation Accident Investigation and Safety Board for the fiscal year ended March 31, 2023, pursuant to the Canadian Transportation Accident Investigation and Safety Board Act, S.C. 1989, c. 3, sbs. 13(3).—Sessional Paper No. 1/44-1861.

Action plan for the fiscal year ended March 31, 2023, pursuant to the United Nations Declaration on the Rights of Indigenous Peoples Act, S.C. 2021, c. 14, sbs. 6(5).—Sessional Paper No. 1/44-1862.

Report of the Office of the Parliamentary Budget Officer entitled Household purchasing power at different income levels since 2019, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-1863.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Dalphond replaced the Honourable Senator Audette (June 21, 2023).

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