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Journals of the Senate

3 Charles III , A.D. 2024, Canada

1st Session, 44th Parliament

Issue 241 (Unrevised)

Tuesday, November 26, 2024
2 p.m.

The Honourable RAYMONDE GAGNÉ, Speaker


The Members convened were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinAudetteBattersBernardBoehmBonifaceBoudreauBoyerBrazeauBureyBussonCardozoCarignanClementCormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Ontario)DowneDuncanForestFrancisFridhandlerGagnéGalvezGerbaGoldGreeneGreenwoodHarderHartlingKingstonKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMartinMassicotteMcBeanMcCallumMcNairMcPhedranMégieMiville-DechêneMoncionMoodieMoreauMuggliOslerOudarPatePattersonPetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithSorensenTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)WhiteWooYouanceYussuff

The Members in attendance to business were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinAudetteBattersBernardBoehmBonifaceBoudreauBoyerBrazeauBureyBussonCardozoCarignanClementCormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Ontario)DowneDuncanForestFrancisFridhandlerGagnéGalvezGerbaGoldGreeneGreenwoodHarderHartlingKingstonKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMartinMassicotteMcBeanMcCallumMcNairMcPhedranMégieMiville-DechêneMoncionMoodieMoreauMuggliOslerOudarPatePattersonPetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithSorensenTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)WhiteWooYouanceYussuff

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 Cotter presented the following:

Tuesday, November 26, 2024

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

THIRTIETH REPORT

Your committee, to which was referred Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews), has, in obedience to the order of reference of Thursday, October 10, 2024, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

BRENT COTTER

Chair

Observations to the Thirtieth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-40)

The committee held 16 hours of meetings from October 23, 2024 to November 21, 2024, and heard testimony from: the Minister of Justice and Attorney General of Canada; former ministers of Justice and attorneys general of Canada; officials from federal government departments; individuals who were wrongfully convicted; legal experts; academics; representatives from law enforcement; representatives from international commissions; representatives of organizations supporting victims and survivors of crimes; and journalists.

Systemic Issues

The committee recommends that the statutory mandate of the Miscarriages of Justice Review Commission should include an explicit authority to make recommendations on systemic issues. Consequently, steps should be taken during the bringing into force of this bill to ensure that the broader mandate for the Commission proposed in clause 4 prevails over that narrower mandate proposed in clause 6.

The committee would like to underscore the fact that its study of Bill C-40 was informed by briefs and witness testimony, including a letter from the Minister of Justice that will inform interpretation of Bill C-40 and guide the mandate of the Miscarriages of Justice Review Commission, particularly with regard to the vital importance of ensuring meaningful and proactive acknowledgement and redress of sexist, racist and other systemic inequalities, in particular for Indigenous women, commencing with the cases identified in the report entitled Injustices and Miscarriages of Justice Experienced by 12 Indigenous Women.

Sentencing and parole decisions

The committee observes that both the Criminal Cases Review Commission of the United Kingdom and the Scottish Criminal Cases Review Commission are empowered to review sentencing and parole decisions. In addition, the Minister testified before the committee in favour of such an expansion of the Canadian Commission’s scope of review, provided that it first be given time to develop its operations. The committee therefore recommends a future expansion of the Commission’s scope of review to include sentencing and parole decisions.

Commissioner reappointment

The committee observes, based on the testimony of expert witnesses before it, and in particular from the Criminal Cases Review Commission of the United Kingdom and the Scottish Criminal Cases Review Commission, that the independence of the Commission — both in public perception and in fact — would be enhanced by removing the possibility of the reappointment of commissioners. Consideration should be given to future legislative amendments that would foreclose the reappointment of commissioners.

Diversity

During the committee’s study of Bill C-40, significant focus and discussion centered on clause 696.73, titled “Diversity.” This section of the bill stipulates that the Minister must seek to reflect the diversity of Canadian society. The verb “to seek” is generally defined as an “attempt to find” or an “attempt or desire to obtain or achieve.” The committee believes that this language is not strong enough. Witnesses emphasized the importance of representation and the need for the composition of Commissioners — and the staff supporting the Commission’s work — to reflect Canadian society.

In creating this new Commission and its processes, it is crucial to avoid amplifying or recreating a colonial system to prevent replicating past mistakes that have disproportionately affected Black, racialized, and Indigenous peoples. The Black Justice Strategy provides a lens through which the justice system can be reviewed to address these systemic issues and offer redress.

For instance, recommendation 8 of the Black Justice Strategy, titled “Education and training”, states that,

Despite ongoing efforts, there remains substantial need for comprehensive education and training on anti-Black racism and cultural competency for criminal justice actors and representatives of adjacent organizations and agencies…

This recommendation, among others, should instruct the process of ensuring diversity and strengthening the fight against anti-Black racism at every level of staffing, each step of implementation, and for the ongoing processes of this Commission.

Your committee also heard from several witnesses about the over-representation of Black and Indigenous Canadians in the criminal justice system. As noted above, while the bill provides for some diversity in s.696.73 by requiring the Minister to “seek to reflect the diversity of Canadian society”, it does not guarantee the inclusion of an Indigenous or Black commissioner. As such, your committee strongly urges the current and future governments to ensure that there is always representation on the Commission from overrepresented groups such as Black, Indigenous and persons of colour.

Languages

Your committee witnessed first-hand the lack of proficiency that some wrongfully accused have in either official language; this should not be a barrier to seeking justice. Given that section 6 of the Indigenous Languages Act recognizes that “the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 include rights related to Indigenous languages,” it is important that the Commission include in their policies and practices accommodation for Indigenous languages. The committee notes that this would require adequate resourcing of the Commission in order to ensure that documents related to the case, correspondence and any other communications with the Commission be available in the Indigenous language of the accused.

The committee also requests that the government respect the spirit and letter of the Official Languages Act as well as the principle of equal access to justice in both of Canada’s official languages by appointing some commissioners who can speak and understand both official languages fluently.

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

Orders of the Day

A message was brought from the House of Commons to return Bill S-13, An Act to amend the Interpretation Act and to make related amendments to other Acts,

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

Government Business

Reports of Committees – Other

Orders No. 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26 and 27 were called and postponed until the next sitting.

Motions

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

That the following Address be presented to Her Excellency the Governor General of Canada:

To Her Excellency the Right Honourable Mary May Simon, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

With leave of the Senate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Plett.

o o o

Orders No. 132, 167, 172 and 201 were called and postponed until the next sitting.

Inquiries

Orders No. 3, 4, 5, 6, 7 and 8 were called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Boehm, for the third reading of Bill S-230, An Act to amend the Corrections and Conditional Release Act.

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 negatived, on division.

The Senate resumed debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Boehm, for the third reading of Bill S-230, An Act to amend the Corrections and Conditional Release Act.

Debate.


At 3:52 p.m., the sitting was suspended.

At 4:31 p.m., the sitting resumed.

Senate Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Boehm, for the third reading of Bill S-230, An Act to amend the Corrections and Conditional Release Act.

With leave of the Senate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Plett.

o o o

Third reading of Bill S-249, An Act respecting national action for the prevention of intimate partner violence, as amended.

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

Debate.

Question Period

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

The Honourable Gary Anandasangaree, P.C., M.P., Minister of Crown-Indigenous Relations, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Senate Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Manning, seconded by the Honourable Senator Seidman, for the third reading of Bill S-249, An Act respecting national action for the prevention of intimate partner violence, as amended.

Debate.


Pursuant to rule 3-3(1), the Speaker pro tempore left the Chair to resume the same at 8 p.m.

The sitting resumed.

Senate Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Manning, seconded by the Honourable Senator Seidman, for the third reading of Bill S-249, An Act respecting national action for the prevention of intimate partner violence, as amended.

After debate,

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

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

Commons Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Klyne, seconded by the Honourable Senator Bernard, for the third reading of Bill C-232, An Act respecting Arab Heritage Month.

After debate,

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Martin, 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. 2 was called and postponed until the next sitting.

Senate Public Bills – Reports of Committees

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

Commons Public Bills – Reports of Committees

Resuming debate on the motion of the Honourable Senator Black, seconded by the Honourable Senator Downe, for the adoption of the fourteenth report of the Standing Senate Committee on Agriculture and Forestry (Bill C-275, An Act to amend the Health of Animals Act (biosecurity on farms), with an amendment and observations), presented in the Senate on October 29, 2024.

After debate,

The Honourable Senator Tannas moved, for the Honourable Senator Patterson, seconded by the Honourable Senator Verner, P.C., 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. 2 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Boehm, seconded by the Honourable Senator Moodie, for the adoption of the fifteenth report of the Standing Senate Committee on Foreign Affairs and International Trade (Bill C-282, An Act to amend the Department of Foreign Affairs, Trade and Development Act (supply management), with an amendment and observations), presented in the Senate on November 7, 2024.

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.

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 were called and postponed until the next sitting.

o o o

Second reading of Bill S-257, An Act to amend the Canadian Human Rights Act (protecting against discrimination based on political belief).

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Seidman, that the bill be read the second time.

The Honourable Senator Ataullahjan 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.

o o o

Resuming debate on the motion of the Honourable Senator McPhedran, seconded by the Honourable Senator McCallum, for the second reading of Bill S-261, An Act respecting non-disclosure agreements.

Ordered: That further debate on the motion be adjourned until the next sitting, in the name of the Honourable Senator McPhedran.

o o o

Second reading of Bill S-263, An Act respecting the National Strategy to Combat Human Trafficking.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Seidman, that the bill be read the second time.

The Honourable Senator Ataullahjan 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.

o o o

Orders No. 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31 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.

o o o

Ordered: That consideration of Order No. 3 be postponed until the next sitting of the Senate.

o o o

Order No. 4 was 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 Boehm, for the second reading of Bill C-332, An Act to amend the Criminal Code (coercive control of intimate partner).

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.

o o o

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

Reports of Committees – Other

Orders No. 31, 33, 40, 62, 63, 72, 73, 74 and 75 were called and postponed until the next sitting.

Motions

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

o o o

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Duncan:

That the Standing Senate Committee on National Finance be authorized to examine and report on a road map for post-pandemic economic and social policy to address the human, social and financial costs of economic marginalization and inequality, when and if the committee is formed;

That, given recent calls for action from Indigenous, provincial, territorial and municipal jurisdictions, the committee examine in particular potential national approaches to interjurisdictional collaboration to implement a guaranteed livable basic income; and

That the committee submit its final report no later than December 31, 2022.

Ordered: That further debate on the motion be adjourned until the next sitting, in the name of the Honourable Senator Martin.

o o o

Orders No. 7, 11, 12, 19, 30, 77, 96, 107, 147, 172, 201, 202, 216 and 219 were called and postponed until the next sitting.

Inquiries

Orders No. 1, 3, 4, 5, 8, 12, 13, 14, 16, 17, 18, 20 and 21 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Cardozo, calling the attention of the Senate to the future of the CBC/Radio-Canada.

After debate,

The Honourable Senator White moved, seconded by the Honourable Senator Cardozo, 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. 26 and 28 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Cormier, calling the attention of the Senate to the alarming rise in sexually transmitted and blood-borne infections in Canada, including HIV/AIDS.

After debate,

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

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

o o o

Order No. 31 was called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator White, calling the attention of the Senate to the career of the Honourable Jane Cordy.

After debate,

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

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

INQUIRIES

The Honourable Senator Moodie called the attention of the Senate to the need for the safe and productive development and use of artificial intelligence in Canada.

After debate,

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

That the Senate do now adjourn.

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

(Accordingly, at 11:10 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 British Columbia Treaty Commission for the fiscal year ended March 31, 2024, pursuant to the British Columbia Treaty Commission Act, S.C. 1995, c. 45, sbs. 21(3).—Sessional Paper No. 1/44-4087.

Report on activities of the College of Immigration and Citizenship Consultants, together with the Auditors’ Report, for the fiscal year ended March 31, 2024, pursuant to the College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29, s. 292 “15(2)”.—Sessional Paper No. 1/44-4088.

Actuarial Report (including certification of assets) on the Public Service Death Benefit Account as at March 31, 2023, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, sbs. 59(1).—Sessional Paper No. 1/44-4089.

Actuarial Report on the Pension Plan for the Public Service of Canada, as at March 31, 2023, and certification of assets of the Pension Plan, pursuant to the Public Pension Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/44-4090.

Response to Question No. 340, dated September 24, 2024, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Ataullahjan, regarding Global Affairs Canada.—Sessional Paper No. 1/44-4091S.

Response to Question No. 341, dated September 24, 2024, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Ataullahjan, regarding the proposed Canadian Centre for Peace, Order and Good Government.—Sessional Paper No. 1/44-4092S.

Response to Question No. 342, dated September 24, 2024, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Firearms Buyback Program — Public Safety Canada and Royal Canadian Mounted Police.—Sessional Paper No. 1/44-4093S.

Response to Question No. 342, dated September 24, 2024, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, Regarding the Firearms Buyback Program — Public Services and Procurement Canada.—Sessional Paper No. 1/44-4094S.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Dagenais replaced the Honourable Senator Aucoin (November 26, 2024).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Busson (November 22, 2024).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Boniface replaced the Honourable Senator Greenwood (November 22, 2024).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Oudar replaced the Honourable Senator McNair (November 22, 2024).

Standing Joint Committee on the Library of Parliament

The Honourable Senator Black replaced the Honourable Senator Prosper (November 26, 2024).

Standing Senate Committee on National Finance

The Honourable Senator Galvez replaced the Honourable Senator Senior (November 22, 2024).

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