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Journals of the Senate

2 Charles III , A.D. 2023, Canada

1st Session, 44th Parliament

Issue 163 (Unrevised)

Tuesday, November 28, 2023
2 p.m.

The Honourable RAYMONDE GAGNÉ, Speaker


The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanAucoinAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBureyBussonCardozoCarignanClementCordyCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Ontario)DeanDowneDuncanDupuisForestFrancisGagnéGalvezGerbaGignacGoldGreenwoodHarderHartlingHousakosJafferKingstonKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldMarshallMartinMassicotteMcCallumMcNairMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRossSaint-GermainSeidmanSimonsSmithTannasVernerWallinWellsWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanAucoinAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBureyBussonCardozoCarignanClementCordy*CormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Ontario)DeanDowneDuncanDupuisForestFrancisGagnéGalvezGerbaGignacGoldGreenwoodHarderHartlingHousakosJafferKingstonKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldMarshallMartinMassicotteMcCallumMcNairMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRossSaint-GermainSeidmanSimonsSmithTannasVernerWallinWellsWhiteWooYussuff

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

Tributes

Tribute was paid to the memory of the Honourable Hugh D. Segal, former senator, whose death occurred on August 9, 2023.

o o o

The Senate observed a minute of silence in memory of former senator the Honourable Hugh D. Segal.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Petitions

The Honourable Senator Mégie tabled the following petition:

Of residents of Alberta and Ontario expressing their support of Bill S-280, An Act respecting a national framework on sickle cell disease.—Sessional Paper No. 1/44-2444S.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Other Business

Reports of Committees – Other

Resuming debate on the motion of the Honourable Senator Seidman, seconded by the Honourable Senator Poirier, for the adoption of the first report of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Consideration of an Inquiry Report from the Senate Ethics Officer, presented in the Senate on November 21, 2023.

Pursuant to rule 12-29(2), further debate on the motion was adjourned until the next sitting.

Government Business

Bills – Third Reading

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

After debate,

In amendment, the Honourable Senator McPhedran moved, seconded by the Honourable Senator McCallum:

That Bill C-29, as amended, be not now read a third time, but that it be further amended in the preamble, on page 1, by replacing lines 1 and 2 with the following:

“Whereas, since time immemorial, First Nations and Inuit peoples — and, post-contact, the Métis Nation — have thrived on and managed and governed”.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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

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

Bills – Second Reading

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

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

Orders No. 1, 131 and 132 were called and postponed until the next sitting.

Inquiries

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

o o o

The Honourable Senator Ringuette called the attention of the Senate to the inquiry standing in the name of the Honourable Senator LaBoucane-Benson concerning the 2023 Fall Economic Statement, tabled in the House of Commons on November 21, 2023, by the Deputy Prime Minister and Minister of Finance, the Honourable Chrystia Freeland, P.C., M.P., and in the Senate on November 22, 2023.

After debate,

The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Audette, that further debate on the inquiry be adjourned until the next sitting.

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

Other Business

Senate Public 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.

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator McCallum, seconded by the Honourable Senator Mégie, for the second reading of Bill S-218, An Act to amend the Department for Women and Gender Equality Act.

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. 4, 5, 6, 7 and 8 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Boniface, seconded by the Honourable Senator Hartling, for the second reading of Bill S-232, An Act respecting the development of a national strategy for the decriminalization of illegal substances, to amend the Controlled Drugs and Substances Act and to make consequential amendments to other Acts.

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

Orders No. 10 and 11 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Martin, for the second reading of Bill S-247, An Act to amend the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

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

o o o

Orders No. 13 and 14 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Loffreda, seconded by the Honourable Senator Moncion, for the second reading of Bill S-259, An Act to designate the month of March as Hellenic Heritage Month.

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 Martin.

o o o

Orders No. 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Quinn, seconded by the Honourable Senator Verner, P.C., for the second reading of Bill S-273, An Act to declare the Chignecto Isthmus Dykeland System and related works to be for the general advantage of Canada.

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

Orders No. 30, 31, 32, 33, 34 and 35 were called and postponed until the next sitting.

DEFERRED VOTES

At 5:30 p.m., pursuant to rule 9-10(2), the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Carignan, P.C., to the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson, for the third reading of Bill C-48, An Act to amend the Criminal Code (bail reform), as amended.

The question being put on the motion in amendment of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Seidman:

That Bill C-48, as amended, be not now read a third time, but that it be further amended in clause 1 (as amended by the decision of the Senate on October 26, 2023), on page 3, by replacing lines 11 to 13 with the following:

“cused has, within five years of the day on which they were charged for that offence, been previously convicted of or been serving a sentence of imprisonment for another offence in the commission of which vio-”.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

AtaullahjanBattersBoisvenuCarignanDagenaisHousakosMacDonaldMarshallMartinMocklerOhPatterson (Nunavut)Patterson (Ontario)PlettQuinnRichardsSeidmanSmithTannasVernerWallinWells—22

NAYS

The Honourable Senators

AndersonArnotBellemareBlackBoehmBonifaceBureyBussonCardozoClementCordyCotterCoyleDalphondDeacon (Ontario)DeanDowneDuncanDupuisForestFrancisGalvezGerbaGignacGoldGreenwoodHarderHartlingJafferKingstonKlyneLaBoucane-BensonLoffredaMacAdamMassicotteMcCallumMcNairMcPhedranMégieMiville-DechêneMoncionMoodieOmidvarPatePetitclercPettenProsperRavaliaRinguetteRossSaint-GermainSimonsWhiteWooYussuff—55

ABSTENTIONS

The Honourable Senators

AucoinBernardOsler—3

o o o

Pursuant to rule 9-10(6), the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Moncion, to the motion of the Honourable Senator Wells, seconded by the Honourable Senator Batters, for the third reading of Bill C-234, An Act to amend the Greenhouse Gas Pollution Pricing Act.

The question being put on the motion in amendment of the Honourable Senator Moncion, seconded by the Honourable Senator Dupuis:

That Bill C-234 be not now read a third time, but that it be amended, in clause 2,

(a) on page 2, by replacing lines 24 to 37 with the following:

of the day on which this Act comes into force.”;

(b) on page 3, by deleting lines 1 to 9.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

AucoinAudetteBoehmBonifaceCardozoClementCordyCoyleDalphondDeanDupuisForestGalvezGoldGreenwoodHarderHartlingKingstonLaBoucane-BensonLoffredaMassicotteMcNairMcPhedranMégieMiville-DechêneMoncionMoodieOmidvarPatePetitclercPettenRinguetteSaint-GermainWhiteWooYussuff—36

NAYS

The Honourable Senators

AndersonArnotAtaullahjanBattersBellemareBlackBoisvenuBureyBussonCarignanCotterDagenaisDeacon (Ontario)DowneDuncanFrancisGignacHousakosKlyneMacAdamMacDonaldMarshallMartinMcCallumMocklerOhOslerPatterson (Nunavut)Patterson (Ontario)PlettProsperQuinnRavaliaRichardsRossSeidmanSimonsSmithTannasVernerWallinWells—42

ABSTENTIONS

The Honourable Senators

BernardGerba—2

Government Business

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson, for the third reading of Bill C-48, An Act to amend the Criminal Code (bail reform), as amended.

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 the following vote:

YEAS

The Honourable Senators

AtaullahjanBattersBlackBoisvenuBureyCarignanDagenaisHousakosMacDonaldMarshallMocklerOhOslerPlettQuinnRichardsSeidmanSmithWells—19

NAYS

The Honourable Senators

AndersonArnotAucoinBellemareBernardBoehmBonifaceBussonCardozoClementCordyCotterCoyleDalphondDeacon (Ontario)DeanDuncanDupuisForestFrancisGalvezGerbaGignacGoldGreenwoodHarderHartlingKingstonKlyneLaBoucane-BensonLoffredaMacAdamMassicotteMcCallumMcNairMégieMiville-DechêneMoncionMoodiePatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenProsperRavaliaRinguetteRossSaint-GermainSimonsTannasVernerWhiteYussuff—54

ABSTENTION

The Honourable Senator

Downe—1


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

The sitting resumed.

Government Business

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson, for the third reading of Bill C-48, An Act to amend the Criminal Code (bail reform), as amended.

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.

Other Business

Commons Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Batters, for the third reading of Bill C-234, An Act to amend the Greenhouse Gas Pollution Pricing Act.

After debate,

In amendment, the Honourable Senator Dalphond moved, seconded by the Honourable Senator Cordy:

That Bill C-234 be not now read a third time, but that it be amended,

(a) in clause 1,

(i) on page 1, by replacing lines 4 to 15 with the following:

1 (1) Paragraph (c) of the definition eligible farming machinery in section 3 of the Greenhouse Gas Pollution Pricing Act is replaced by the”,

(ii) on page 2, by deleting lines 1 to 10;

(b) in clause 2, on page 2, by replacing line 22 with the following:

2 (1) Subsections 1(2.1) and (5) come”.

After debate,

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

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

Senate Public Bills – Second Reading

Second reading of Bill S-280, An Act respecting a national framework on sickle cell disease.

The Honourable Senator Mégie moved, seconded by the Honourable Senator Cotter, that the bill be read the second time.

After debate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Martin:

That the Senate do now adjourn.

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

ADJOURNMENT

At 10:25 p.m., pursuant to the order adopted by the Senate earlier today, the Senate adjourned until 2 p.m., tomorrow.

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

Copy of Order in Council P.C. 2023-1031, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 12(7).—Sessional Paper No. 1/44-2437.

Report of the Canada Foundation for Innovation, together with the Auditors’ Report, for the fiscal year ended March 31, 2023, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 1/44-2438.

Report of the British Columbia Treaty Commission for the fiscal year ended March 31, 2023, pursuant to the British Columbia Treaty Commission Act, S.C. 1995, c. 45, sbs. 21(3).—Sessional Paper No. 1/44-2439.

Actuarial Report (including certification of assets) on the Regular Force Death Benefit Account as at March 31, 2022, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, s. 71(1).—Sessional Paper No. 1/44-2440.

Actuarial Report (including the certificate of assets) on the Pension Plan for the Members of Parliament as at March 31, 2022, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c.13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/44-2441.

Actuarial Report (including cost certificate) on the Pension Plan for Federally Appointed Judges as at March 31, 2022, and the certificate of assets of the Pension Plan, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/44-2442.

Actuarial Report (including cost certificate) on the Pension Plans for the Canadian Forces as at March 31, 2022, and certification of assets of the pension plans, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/44-2443.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Patterson (Ontario) replaced the Honourable Senator Greene (November 27, 2023).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Boniface replaced the Honourable Senator Hartling (November 28, 2023).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Marshall replaced the Honourable Senator MacDonald (November 28, 2023).

Special Joint Committee on Medical Assistance in Dying

The Honourable Senator Osler replaced the Honourable Senator Wallin (November 27, 2023).

Standing Senate Committee on National Security, Defence and Veterans Affairs

The Honourable Senator Harder, P.C., replaced the Honourable Senator Anderson (November 28, 2023).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Greenwood replaced the Honourable Senator Cormier (November 28, 2023).

The Honourable Senator Bellemare replaced the Honourable Senator Bernard (November 27, 2023).

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