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Journals of the Senate

1 Charles III , A.D. 2023, Canada

1st Session, 44th Parliament

Issue 118 (Unrevised)

Tuesday, May 2, 2023
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithSorensenTannasVernerWallinWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPlettPoirierQuinnRavaliaRichardsRinguetteSaint-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

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, tabled the tenth report of the committee, entitled Supplementary Estimates (C) for the fiscal year ending March 31, 2023.—Sessional Paper No. 1/44-1708S.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

SPEAKER'S RULING

Honourable senators, I am prepared to rule on the point of order raised by Senator Downe after Question Period on March 30, as well as a subsequent point of order raised by Senator Housakos on April 25.

In terms of the point of order of March 30, the remarks made during Question Period, which gave rise to the concerns, alleged that a member of the other place, holding a key position in public office, had misled Canadians. Then a very strong term, best avoided in parliamentary business, was used. Following a request from a senator, several other senators offered input on this matter on April 19.

Rule 6-13(1) deals with the language used in debate. It states that “[a]ll personal, sharp or taxing speeches are unparliamentary and are out of order.” As indicated at page 85 of Senate Procedure in Practice:

There is no definitive list of words or expressions that are deemed unparliamentary. Determination of what constitutes unparliamentary language is left primarily to the judgment of the Speaker and the sense of the Senate. The circumstances and tone of the debate in question play important roles in this determination.

This is, of course, not the first time such issues have been raised. I note, in particular, a similar point of order raised on December 3, 2020, concerning remarks made during debate on a motion to authorize a committee to study a government contract.

I once again urge honourable senators to be mindful of the need for caution when participating in proceedings. In particular, parliamentary practice holds that “[d]isrespectful reflections on Parliament as a whole, or on the House [of Commons] and the Senate individually are not permitted.” This is at page 620 of the third edition of House of Commons Procedure and Practice, which then goes on to emphasize that “Members of the House and the Senate are also protected by this rule.” In speaking of our colleagues, whether in the Senate or the other place, we should therefore be guided by the need to show respect and to avoid intemperate personalized attacks, including impugning motives.

Senator Housakos’ related point of order of April 25, dealt with remarks and actions that took place between senators following an exchange in the Senate. He argued that a particular senator had been “maligned and injured” and made reference to rule 2-9(2), which states that “[s]enators who consider themselves to have been offended or injured in the Senate Chamber … may appeal to the Senate for redress.” On the other hand, some colleagues claimed that the language and actions at issue were not excessive and not without precedent in the Senate.

Honourable senators, with the privilege of sitting in this house comes responsibility. We all work together for the good of our country. We can certainly disagree, and can even disagree strongly. Indeed, the exchange of conflicting ideas is vital to the health of our parliamentary system. We should, however, always act with civility and respect towards our fellow parliamentarians, and all persons we deal with or mention. All of us are responsible for ensuring the proper functioning of this institution, and we must avoid undermining it or each other.

Language and actions are powerful. Parliament should provide an example of productive and respectful debate, of a type that we do not always see elsewhere in society. We have a role to be leaders and must choose our words wisely. More practically, I am concerned about how such issues could harm the culture of the Senate and risk having deleterious effects on our work.

In light of all this, I am sure that honourable senators will understand the concerns that have been raised. Senators could have shown their strong views in ways that were less inflammatory. I strongly urge moderation and restraint by senators so that we can best fulfil our work on behalf of all Canadians. Collaboration from all colleagues is essential; the Senate must remain a forum for respectful debate while also retaining its characteristic as a body where each of us assumes responsibility for maintaining order and decorum.

In these specific cases, I must find that the events of which Senators Downe and Housakos complained did go beyond the limits of proper parliamentary behaviour. I ask colleagues to be mindful of these factors in the future. Specific actions relating to these cases would, however, require a decision from the Senate, in keeping with our collective responsibility for how our Senate functions.

Government Business

Bills – Second Reading

Orders No. 1, 2 and 3 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 7 and 9 were called and postponed until the next sitting.

Motions

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

Inquiries

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Kutcher, seconded by the Honourable Senator Boehm, for the second reading of Bill S-251, An Act to repeal section 43 of the Criminal Code (Truth and Reconciliation Commission of Canada’s call to action number 6).

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. 21, 22, 23, 24, 25, 26, 27, 28 and 29 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Yussuff, seconded by the Honourable Senator Loffreda, for the second reading of Bill C-224, An Act to establish a national framework for the prevention and treatment of cancers linked to firefighting.

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. 2, 3, 4, 5, 6, 7 and 8 were called and postponed until the next sitting.

Private Bills – Second Reading

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

Reports of Committees – Other

Orders No. 27, 30, 31 and 33 were called and postponed until the next sitting.

o o o

Consideration of the ninth report of the Standing Senate Committee on Foreign Affairs and International Trade (Budget—study on the Canadian foreign service and elements of the foreign policy machinery within Global Affairs Canada), presented in the Senate on April 25, 2023.

The Honourable Senator Boehm moved, seconded by the Honourable Senator Kutcher, that the report be adopted.

After debate,

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

Motions

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Dasko:

That the Senate call upon the Government of Canada to implement the eighth recommendation of the first report of the Special Senate Committee on the Charitable Sector, entitled Catalyst for Change: A Roadmap to a Stronger Charitable Sector, adopted by the Senate on November 3, 2020, during the Second Session of the Forty-third Parliament, which proposed that the Canada Revenue Agency include questions on both the T3010 (for registered charities) and the T1044 (for federally incorporated not-for-profit corporations) on diversity representation on boards of directors based on existing employment equity guidelines.

After debate,

The Honourable Senator Seidman 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

Orders No. 4, 5, 6 and 7 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 LaBoucane-Benson:

That the Senate of Canada call on the federal government to adopt anti-racism as the sixth pillar of the Canada Health Act, prohibiting discrimination based on race and affording everyone the equal right to the protection and benefit of the law.

The Honourable Senator Petitclerc moved, seconded by the Honourable Senator Clement, 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. 12, 19, 30, 77, 82 and 96 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 Dean:

That, given reports of human rights abuses, repression and executions of its citizens, particularly women, in Iran by the Islamic Revolutionary Guard Corps (IRGC), the Senate call upon the government to immediately designate the IRGC as a terrorist entity.

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

Resuming debate on the motion of the Honourable Senator Kutcher, seconded by the Honourable Senator Cormier:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the negative impact of health disinformation and misinformation on Canadian society and what effective measures can be implemented to counter this impact; and

That the committee submit its final report on this study to the Senate no later than May 31, 2024, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

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.

Inquiries

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

MOTIONS

The Honourable Senator Wallin moved, seconded by the Honourable Senator Verner, P.C.:

That, notwithstanding the order of the Senate adopted on Thursday, December 16, 2021, the date for the final report of the Standing Senate Committee on Banking, Commerce and the Economy in relation to its study on matters relating to banking, trade, commerce and the economy generally, as described in rule 12-7(10), be extended from June 30, 2023, to December 31, 2025.

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

INQUIRIES

The Honourable Senator Klyne called the attention of the Senate to the ongoing business and economic contributions made by Indigenous businesses to Canada’s economy.

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 Gagné 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 5 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)

Employment Insurance Monitoring and Assessment Report for the fiscal year ended March 31, 2022, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 3(3).—Sessional Paper No. 1/44-1705.

Triennial Report of the Nuclear Waste Management Organization for the years 2020 to 2022, together with the Auditors’ Report, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, s. 19.1.—Sessional Paper No. 1/44-1706.

Report on the activities of the Office of the Intelligence Commissioner for the year ended December 31, 2022, pursuant to the Intelligence Commissioner Act, S.C. 2019, c. 13, s. 50 “22(3)”.—Sessional Paper No. 1/44-1707.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Duncan replaced the Honourable Senator Yussuff (May 1, 2023).

The Honourable Senator Gignac replaced the Honourable Senator Cardozo (April 28, 2023).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Boniface replaced the Honourable Senator Hartling (May 1, 2023).

Standing Senate Committee on National Finance

The Honourable Senator Marshall replaced the Honourable Senator Carignan, P.C. (May 2, 2023).

The Honourable Senator Shugart, P.C., was added to the membership (May 1, 2023).

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Marshall (April 28, 2023).

Standing Senate Committee on National Security, Defence and Veterans Affairs

The Honourable Senator Yussuff replaced the Honourable Senator Kutcher (May 2, 2023).

The Honourable Senator Gignac replaced the Honourable Senator Cardozo (May 2, 2023).

The Honourable Senator Kutcher replaced the Honourable Senator Yussuff (May 1, 2023).

The Honourable Senator Cardozo replaced the Honourable Senator Gignac (May 1, 2023).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Verner, P.C., replaced the Honourable Senator Burey (May 2, 2023).

The Honourable Senator Mégie replaced the Honourable Senator Lankin, P.C. (May 2, 2023).

Standing Senate Committee on Transport and Communications

The Honourable Senator Klyne replaced the Honourable Senator Harder, P.C. (May 2, 2023).

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