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Tuesday, June 18, 2019 (No. 436)


Motions Respecting Senate Amendments to Bills

C-48
An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast

June 17, 2019 — Resuming consideration of the motion of Mr. Garneau (Minister of Transport), seconded by Mr. Sajjan (Minister of National Defence), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast, the House:
agrees with amendment 1 made by the Senate;
proposes that, as a consequence of Senate amendment 1, the following amendment be added:
“1. Clause 2, page 1: add the following after line 15:
“Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)”;”;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“32 (1) During the fifth year after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose, including a review of the impact of this Act on the environment, on social and economic conditions and on the Indigenous peoples of Canada.
(2) The committee referred to in subsection (1) must submit a report of the results of the review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, on any of the first 15 days on which the Senate or the House of Commons, as the case may be, is sitting after the report is completed.”.

C-58
An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

June 17, 2019 — Deferred recorded division on the motion of Ms. Murray (President of the Treasury Board), seconded by Mr. Sohi (Minister of Natural Resources), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate;
respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts;
as a consequence of Senate amendment 4, proposes to add the following amendment:
1. New clause 6.2, page 4: Add the following after line 4:
“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following:
7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”.
proposes that amendment 5(a) be amended to read as follows:
“(a) on page 5, delete lines 31 to 36;
(a.1) on page 6, replace line 1 with the following:
“13 Section 30 of the Act is amended by adding the”;”;
as a consequence of Senate amendment 5(a), proposes to add the following amendments:
1. Clause 16, page 7: Replace line 37 with the following:
“any of paragraphs 30(1)(a) to (e), the Commissioner”.
2. Clause 19, page 11: Replace line 28 with the following:
“any of paragraphs 30(1)(a) to (e) and who receives a re-”.
proposes that amendment 8(a) be amended by deleting subsection (6);
proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”;
respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence.

C-75
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

Mr. Goodale (Minister of Public Safety and Emergency Preparedness)
June 17, 2019 — Resuming consideration of the motion of Mr. Lametti (Minister of Justice), seconded by
, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 5, 7, 8, 9, 11, 12(b), 13 and 14 made by the Senate;
proposes that amendment 3 be amended to read as follows:
“3. Clause 239, pages 90 and 91:
(a) on page 90, replace lines 2 and 3 with the following:
“dictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice”;
(b) on page 90, replace lines 18 and 19 with the following:

“able by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an”;

(c) on page 90, replace line 44 with the following:
“section 469 that is punishable by 14 years or more of imprisonment,”;
(d) on page 91, replace lines 20 and 21 with the following:
“offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the informa-”;”;
proposes that amendment 4 be amended to read as follows:
“4. Clause 240, pages 92 and 93:
(a) on page 92, replace line 11 with the following:
“14 years or more of imprisonment, other than an offence mentioned”;
(b) on page 92, replace lines 25 to 27 with the following:
“offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section”;
(c) on page 92, replace line 41 with the following:
“section 469 that is punishable by 14 years or more of imprisonment,”;
(d) on page 93, replace line 20 with the following:
“is punishable by 14 years or more of imprisonment, the justice or”;”;
proposes that, as a consequence of Senate amendments 3 and 4, the following amendment be added:
1. Clause 238, page 89: replace line 33 with the following:
“fence that is punishable by 14 years or more of imprisonment is be-”;
proposes that amendment 6 be amended by replacing the words “an intimate partner – and, in particular, a partner” with the words “a person” and by replacing the words “on the basis of sex or is an Aboriginal person” with the words “because of personal circumstances – including because the person is Aboriginal and female”;
respectfully disagrees with amendment 10 made by the Senate because the Bill already provides flexibility to the provinces and territories with respect to agent representation while also recognizing regional diversity in respect of how legal representation is regulated across Canada, and because the amendment could have unintended repercussions for the provinces and territories; and, the Government continues to work with the provinces and territories to support the effective implementation of these reforms;
proposes that amendment 12(a) in the English version be amended by replacing the words “apply in Bill C-45” with the words “apply if Bill C-45”.

C-83
An Act to amend the Corrections and Conditional Release Act and another Act

June 14, 2019 — Resuming consideration of the motion of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the House:
agrees with amendments 1, 4(a) and 5(b) made by the Senate;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“(c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;”;
proposes that amendment 3 be amended by replacing the text of the amendment with the following:
“(2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.”;
proposes that amendment 4(b)(i) be replaced by the following amendment:
1. Clause 10, page 7: replace lines 25 to 28 with the following:
“(2) The Service shall ensure that the measures include
(a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and
(b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.”;
respectfully disagrees with amendment 4(b)(ii) because it may not support the professional autonomy and clinical independence of healthcare professionals and does not take into account the inmate’s willingness to be transferred to a hospital or the hospital’s capacity to treat the inmate;
respectfully disagrees with amendment 5(a) because it would result in a significant addition to the workload of provincial superior courts, and because further assessments and consultations with the provinces would be required to determine the probable legislative, operational and financial implications at federal and provincial levels, including amendments to the Judges Act and provincial legislation and the appointment of additional judges;
proposes that amendment 6 be amended to read as follows:
“6. Clause 14, page 16:
(a) replace line 7 with the following:
“48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may”;
(b) add the following after line 15:
“(2) A body scan search of the inmate shall be conducted instead of the strip search if
(a) the body scan search is authorized under section 48.1; and
(b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.”;”;
proposes that amendment 7(a) be amended by replacing the text of the French version of the amendment with the following:
“c) l’identité et la culture autochtones du délinquant, notamment son passé familial et son historique d’adoption.”;
proposes that amendment 7(b) be amended to read as follows:
“(b) replace lines 32 and 33 with the following:
“ing the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.”;”;
respectfully disagrees with amendment 8 because extending the concept of healing lodges designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation, and because it would impede the ability of the Correctional Service of Canada, which is responsible for the care and custody of inmates pursuant to section 5 of the Act, to be part of decisions to transfer inmates to healing lodges;
respectfully disagrees with amendment 9 because extending of the concept of community release designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation;
respectfully disagrees with amendment 10 because allowing offenders’ sentences to be shortened due to the conduct of correctional staff, particularly given the existence of other remedies, is a major policy change that should only be contemplated following considerable study and consultation, including with provincial partners, victims’ representatives, stakeholder groups and other actors in the criminal justice system;
respectfully disagrees with amendment 11 because five years is an appropriate amount of time to allow for robust and meaningful assessment of the new provisions following full implementation.

C-91
An Act respecting Indigenous languages

June 14, 2019 — The Minister of Canadian Heritage and Multiculturalism — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-91, An Act respecting Indigenous languages, the House:
agrees with amendments 4(a), 7(a), 9, 11(a), 12, 13 and 14 made by the Senate;
respectfully disagrees with amendment 1 because Bill C-91 provides for regulations and agreements or arrangements that take into account unique circumstances and needs;
respectfully disagrees with amendment 2 because Bill C-91 would already apply to organizations such as friendship centres and other community-based organizations; moreover, highlighting specific types of organizations might signal that those types of organizations would be favoured over others, which is not the intention of the defined term;
respectfully disagrees with amendment 3 because the Office and the Commissioner of Indigenous Languages are neither agents of the Crown nor federal institutions and would therefore not be subject to commitments of the Government of Canada;
respectfully disagrees with amendments 4(b)(i) and 6 because the obligations they provide for are inconsistent with the constitutional principles that govern the allocation of public funds;
respectfully disagrees with amendment 5 because the proposed text would be contrary to what was heard during the Government’s engagement with Indigenous languages practitioners, experts, academics, Elders, youth, and community members, who all expressed great reluctance to attempt to define specific rights in a manner that could be perceived as limiting their scope;
respectfully disagrees with amendments 4(b)(ii), 7(b) and 8 because they would be contrary to the intent of Bill C-91 in this regard, which is to facilitate cooperation with Indigenous governments and other Indigenous governing bodies, Indigenous entities and provincial and territorial governments while respecting all powers and jurisdictions of partners to best achieve the objectives of the proposed Act;
respectfully disagrees with amendment 10 as amendment 9 already addresses the matter;
proposes that amendment 11(b) be amended, in the French version, by replacing the words “l’exercice de son mandat” with the words “l’accomplissement de sa mission”;
respectfully disagrees with amendment 15 because mechanisms already exist under the proposed Act to review the Act and its administration and operation, which includes identifying any measures to report on all Indigenous languages equally.

C-92
An Act respecting First Nations, Inuit and Métis children, youth and families

June 17, 2019 — The Minister of Indigenous Services — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, the House:

agrees with amendments 1(a), 4 and 5 made by the Senate;

proposes that amendment 6 be amended to read as follows:

“6. New Clause 15.1, page 9: Add the following after line 15:

15.1 In the context of providing child and family services in relation to an Indigenous child, unless immediate apprehension is consistent with the best interests of the child, before apprehending a child who resides with one of the child’s parents or another adult member of the child’s family, the service provider must demonstrate that he or she made reasonable efforts to have the child continue to reside with that person.”;

respectfully disagrees with amendments 1(b), 2, 3, 7, 8, 9 and 10 because they are not consistent with the main objectives of the Bill, which are to affirm the rights and jurisdiction of Indigenous peoples in relation to child and family services and to set out principles applicable, on a national level, to the provision of child and family services in relation to Indigenous children.