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| 42nd PARLIAMENT, 1st SESSION | |
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JournalsNo. 345 Tuesday, October 30, 2018 10:00 a.m. |
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| Prayer |
| Daily Routine Of Business |
Tabling of Documents |
Pursuant to Standing Order 32(2), Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Certificate of Nomination of the Right Honourable David Johnston, P.C., C.C., C.M.M., C.O.M., C.D., Debates Commissioner, pursuant to Standing Order 110(2). — Sessional Paper No. 8540-421-5-12. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Procedure and House Affairs)
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Pursuant to Standing Order 32(2), Mr. Goodale (Minister of Public Safety and Emergency Preparedness) laid upon the Table, — Report of the Office of the Correctional Investigator, together with the government response, for the fiscal year ended March 31, 2018, pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 192. — Sessional Paper No. 8560-421-72-04. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Public Safety and National Security)
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Pursuant to Standing Order 32(2), Mr. Goodale (Minister of Public Safety and Emergency Preparedness) laid upon the Table, — 2017 Annual Report on the RCMP's Use of the Law Enforcement Justification Provisions. — Sessional Paper No. 8525-421-78.
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Pursuant to Standing Order 32(2), Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government response, pursuant to Standing Order 36(8), to the following petition: |
— No. 421-02581 concerning diabetes. — Sessional Paper No. 8545-421-123-03.
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Introduction of Private Members' Bills |
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Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Anderson (Cypress Hills—Grasslands), seconded by Mr. Sweet (Flamborough—Glanbrook), Bill C-418, An Act to amend the Criminal Code (medical assistance in dying), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House. |
First Reading of Senate Public Bills |
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Pursuant to Standing Order 69(2), on motion of Mr. Genuis (Sherwood Park—Fort Saskatchewan), seconded by Mr. Wrzesnewskyj (Etobicoke Centre), Bill S-240, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), was read the first time and ordered for a second reading at the next sitting of the House. |
Presenting Petitions |
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Pursuant to Standing Order 36, petitions certified by the Clerk of Petitions were presented as follows: |
— by Mr. Kelly (Calgary Rocky Ridge), one concerning organ transplants (No. 421-02859);
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— by Ms. Benson (Saskatoon West), one concerning health care services (No. 421-02860);
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— by Mr. Schmale (Haliburton—Kawartha Lakes—Brock), one concerning organ transplants (No. 421-02861);
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— by Mr. Genuis (Sherwood Park—Fort Saskatchewan), one concerning organ transplants (No. 421-02862) and one concerning discrimination (No. 421-02863);
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— by Mr. Wrzesnewskyj (Etobicoke Centre), one concerning China (No. 421-02864);
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— by Ms. Malcolmson (Nanaimo—Ladysmith), one concerning the protection of the environment (No. 421-02865);
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— by Mr. Shields (Bow River), one concerning organ transplants (No. 421-02866).
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| Government Orders |
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The Order was read for the third reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments. |
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Mrs. Lebouthillier (Minister of National Revenue) for Ms. Gould (Minister of Democratic Institutions), seconded by Mr. Morneau (Minister of Finance), moved, — That the Bill be now read a third time and do pass. |
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Debate arose thereon. |
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Mrs. Kusie (Calgary Midnapore), seconded by Mr. Cullen (Skeena—Bulkley Valley), moved the following amendment, — That the motion be amended by deleting all the words after the word '“That” and substituting the following: |
“Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, be not now read a third time, but be referred back to the Standing Committee on Procedure and House Affairs for the purpose of reconsidering clause 378 with a view to amending it so as to prevent a government from cherry-picking which by-elections to call when there are multiple pending vacancies in the House of Commons.”.
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Debate arose thereon. |
| Statements By Members |
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Pursuant to Standing Order 31, Members made statements. |
| Oral Questions |
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Pursuant to Standing Order 30(5), the House proceeded to Oral Questions. |
| Motions |
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By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice of the House, the deferred recorded division on motion M-161, standing in the name of the Member for Saint John—Rothesay, and on motion M-155, standing in the name of the Member for Scarborough Centre, scheduled to take place Wednesday, October 31, 2018, immediately before the time provided for Private Members’ Business, pursuant to Standing Order 93(1), shall be deferred anew until later today, immediately before the time provided for Private Members' Business; and that if a recorded division is requested later today on Bill C-376, An Act to designate the month of April as Sikh Heritage Month, it be deferred until Wednesday, November 7, 2018, immediately before the time provided for Private Members' Business. |
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By unanimous consent, it was ordered, — That, in relation to its study on Breach of Personal Information Involving Cambridge Analytica and Facebook, three members of the Standing Committee on Access to Information, Privacy and Ethics be authorized to travel to London, United Kingdom, in the Fall of 2018, and that the necessary staff do accompany the Committee. |
| Government Orders |
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The House resumed consideration of the motion of Ms. Gould (Minister of Democratic Institutions), seconded by Mr. Morneau (Minister of Finance), — That Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, be now read a third time and do pass; |
And of the amendment of Mrs. Kusie (Calgary Midnapore), seconded by Mr. Cullen (Skeena—Bulkley Valley), — That the motion be amended by deleting all the words after the word '“That” and substituting the following:
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“Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, be not now read a third time, but be referred back to the Standing Committee on Procedure and House Affairs for the purpose of reconsidering clause 378 with a view to amending it so as to prevent a government from cherry-picking which by-elections to call when there are multiple pending vacancies in the House of Commons.”.
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The debate continued. |
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At 5:15 p.m., pursuant to Order made Thursday, October 25, 2018, under the provisions of Standing Order 78(3), the Speaker interrupted the proceedings. |
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The question was put on the amendment and it was negatived on the following division: |
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| (Division No. 921 -- Vote no 921) | |
| YEAS: 130, NAYS: 161 |
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YEAS -- POUR Aboultaif Cullen Laverdière Rayes Total: -- 130 |
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NAYS -- CONTRE Aldag Erskine-Smith Long Rodriguez Total: -- 161 |
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PAIRED -- PAIRÉS Cormier Gill Total: -- 2 |
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Pursuant to Order made Thursday, October 25, 2018, under the provisions of Standing Order 78(3), the question was put on the main motion and it was agreed to on the following division: |
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| (Division No. 922 -- Vote no 922) | |
| YEAS: 196, NAYS: 95 |
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YEAS -- POUR Aldag Duguid Laverdière Qualtrough Total: -- 196 |
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NAYS -- CONTRE Aboultaif Doherty Lukiwski Schmale Total: -- 95 |
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PAIRED -- PAIRÉS Cormier Gill Total: -- 2 |
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Accordingly, the Bill was read the third time and passed. |
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| Deferred Recorded Divisions |
Private Members' Business |
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Pursuant to Order made earlier today, the House proceeded to the taking of the deferred recorded division on the motion of Mr. Long (Saint John—Rothesay), seconded by Ms. Dabrusin (Toronto—Danforth), — That the Standing Committee on Public Safety and National Security be instructed to undertake a study of the Record Suspension Program to: (a) examine the impact of a record suspension to help those with a criminal record reintegrate into society; (b) examine the impact of criminal record suspension fees and additional costs associated with the application process on low-income applicants; (c) identify appropriate changes to fees and service standards for record suspensions; (d) identify improvements to better support applicants for a criminal record suspension; and that the Committee present its final report and recommendations to the House within nine months of the adoption of this motion. (Private Members' Business M-161) |
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The question was put on the motion and it was agreed to on the following division: |
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| (Division No. 923 -- Vote no 923) | |
| YEAS: 291, NAYS: 0 |
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YEAS -- POUR Aboultaif Dubourg Liepert Rempel Total: -- 291 |
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NAYS -- CONTRE Nil--Aucun |
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PAIRED -- PAIRÉS Cormier Gill Total: -- 2 |
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Pursuant to Order made earlier today, the House proceeded to the taking of the deferred recorded division on the motion of Mrs. Zahid (Scarborough Centre), seconded by Mr. Lamoureux (Winnipeg North), — That, in the opinion of the House, the government should recognize the contributions that Filipino-Canadians have made to Canadian society, the richness of the Filipino language and culture, and the importance of reflecting upon Filipino heritage for future generations by declaring June, every year, Filipino Heritage Month. (Private Members' Business M-155) |
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The question was put on the motion and it was agreed to on the following division: |
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| (Division No. 924 -- Vote no 924) | |
| YEAS: 290, NAYS: 0 |
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YEAS -- POUR Aboultaif Duclos Lightbound Richards Total: -- 290 |
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NAYS -- CONTRE Nil--Aucun |
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PAIRED -- PAIRÉS Cormier Gill Total: -- 2 |
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| Private Members' Business |
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At 6:22 p.m., pursuant to Standing Order 30(7), the House proceeded to the consideration of Private Members' Business. |
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The Order was read for the consideration at report stage of Bill C-376, An Act to designate the month of April as Sikh Heritage Month, as reported by the Standing Committee on Canadian Heritage without amendment. |
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Mr. Dhaliwal (Surrey—Newton), seconded by Mr. Lamoureux (Winnipeg North), moved, — That the Bill be concurred in at report stage. |
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The question was put on the motion and it was agreed to. |
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Accordingly, the Bill was concurred in at report stage. |
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Pursuant to Standing Order 76.1(11), Mr. Dhaliwal (Surrey—Newton), seconded by Mr. Lamoureux (Winnipeg North), moved, — That the Bill be now read a third time and do pass. |
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Debate arose thereon. |
| Quorum |
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The attention of the Speaker was drawn to the lack of a quorum and, fewer than 20 Members having been counted, pursuant to Standing Order 29(3), the bells were rung to call in the Members. |
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After three minutes, a quorum was found. |
| Private Members' Business |
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The House resumed consideration of the motion of Mr. Dhaliwal (Surrey—Newton), seconded by Mr. Lamoureux (Winnipeg North), — That Bill C-376, An Act to designate the month of April as Sikh Heritage Month, be now read a third time and do pass. |
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The debate continued. |
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Pursuant to Standing Order 98(2), the Order was dropped to the bottom of the order of precedence on the Order Paper. |
| Messages from the Senate |
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A message was received from the Senate as follows: |
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, with the following amendments:
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1. Clause 10, page 5:
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(a) Replace lines 17 to 20 with the following:
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“(b) the complainant is incapable of consenting to the activity in question for any reason, including, but not limited to, the fact that they are
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(i) unable to understand the nature, circumstances, risks and consequences of the sexual activity in question,
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(ii) unable to understand that they have the choice to engage in the sexual activity in question or not, or
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(iii) unable to affirmatively express agreement to the sexual activity in question by words or by active conduct;”; and
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(b) add the following after line 20:
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“(2.2) Section 153.1 of the Act is amended by adding the following after subsection (3):
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(3.1) For greater certainty, capacity to consent at the time of the sexual activity that forms the subject-matter of the charge cannot be inferred from evidence on capacity to consent at the time of another sexual activity.”.
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2. Clause 19, page 9:
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(a) Replace lines 20 to 23 with the following:
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“(b) the complainant is incapable of consenting to the activity in question for any reason, including, but not limited to, the fact that they are
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(i) unable to understand the nature, circumstances, risks and consequences of the sexual activity in question,
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(ii) unable to understand that they have the choice to engage in the sexual activity in question or not, or
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(iii) unable to affirmatively express agreement to the sexual activity in question by words or by active conduct;”; and
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(b) add the following after line 23:
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“(2.2) Section 273.1 of the Act is amended by adding the following after subsection (2):
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(2.1) For greater certainty, capacity to consent at the time of the sexual activity that forms the subject-matter of the charge cannot be inferred from evidence on capacity to consent at the time of another sexual activity.”.
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| Returns and Reports Deposited with the Clerk of the House |
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Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows: |
— by Mr. Rodriguez (Minister of Canadian Heritage and Multiculturalism) — Report of the National Film Board, together with the Auditor General's Report, for the fiscal year ended March 31, 2018, pursuant to the National Film Act, R.S. 1985, c. N-8, sbs. 20(2). — Sessional Paper No. 8560-421-189-04. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)
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| Petitions Filed with the Clerk of the House |
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Pursuant to Standing Order 36, a petition certified by the Clerk of Petitions was filed as follows: |
— by Ms. Ratansi (Don Valley East), one concerning human rights (No. 421-02867).
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| Adjournment Proceedings |
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At 7:25 p.m., pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed. |
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After debate, the question was deemed to have been adopted. |
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Accordingly, at 7:44 p.m., the Speaker adjourned the House until tomorrow at 2:00 p.m., pursuant to Standing Order 24(1). |