Senator Downe: Thank you. I trust the intention, but I’m sure colleagues would agree that it should not be left to discretion whether senators can have full participation because they suffer a disability. In the past in this chamber we have had people with a vision problem and adjustments were made. It should be automatic that all senators have full participation. I agree with the intent, but I don’t think it is here.

My second question is on rule 2-8(a):

When the Senate is sitting, it is not permitted:

(a) for Senators to engage in private conversations inside the bar, and if they do, the Speaker shall order them to go outside the bar; . . .

There has been a long tradition that when there is a disruption, if somebody is too loud — and I have been guilty of that myself — people frown, and the Speaker will intervene if necessary. But according to this rule, if I’m speaking to my seatmate I’m in violation of the rule; is that correct?

[Translation]

Senator Bellemare: You are probably quite right and that is the current rule. Nothing has changed. As for rule 2-8(a), it was not changed, but the reference to smoking being prohibited was deleted. Rules 2-8(a) and 2-8(b) are part of the current rule. No changes have been proposed in this case. We cannot have a conversation in the Senate and disturb others, but no changes were made to this point, which remained the same.

(On motion of Senator Martin, debate adjourned.)

[English]

On the Order:

Resuming debate on the motion of the Honourable Senator Galvez, seconded by the Honourable Senator Forest:

That the Senate of Canada recognize that:

(a)climate change is an urgent crisis that requires an immediate and ambitious response;

(b)human activity is unequivocally warming the atmosphere, ocean and land at an unprecedented pace, and is provoking weather and climate extremes in every region across the globe, including in the Arctic, which is warming at more than twice the global rate;

(c)failure to address climate change is resulting in catastrophic consequences especially for Canadian youth, Indigenous Peoples and future generations; and

(d)climate change is negatively impacting the health and safety of Canadians, and the financial stability of Canada;

That the Senate declare that Canada is in a national climate emergency which requires that Canada uphold its international commitments with respect to climate change and increase its climate action in line with the Paris Agreement’s objective of holding global warming well below two degrees Celsius and pursuing efforts to keep global warming below 1.5 degrees Celsius; and

That the Senate commit to action on mitigation and adaptation in response to the climate emergency and that it consider this urgency for action while undertaking its parliamentary business.

(On motion of Senator Housakos, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Patterson (Nunavut), seconded by the Honourable Senator Greene:

Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;

Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;

Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;

Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;

Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;

Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;

Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the Schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.

(On motion of Senator Housakos, debate adjourned.)

On the Order:

Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Black:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.except as provided in this order, the question not be put on the motion for third reading of a government bill unless the orders for resuming debate at second and third reading have, together, been called at least three times, in addition to the sittings at which the motions for second and third readings were moved;

2.when a government bill has been read a first time, and before a motion is moved to set the date for second reading, the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate may, without notice, move that the bill be deemed an urgent matter, and that the provisions of paragraph 1 of this order not apply to proceedings on the bill; and

3.when a motion has been moved pursuant to paragraph 2 of this order, the following provisions apply:

(a)the debate shall only deal with whether the bill should be deemed an urgent matter or not;

(b)the debate shall not be adjourned;

(c)the debate shall last a maximum of 20 minutes;

(d)no senator shall speak for more than 5 minutes;

(e)no senators shall speak more than once;

(f)the debate shall not be interrupted for any purpose, except for the reading of a message from the Crown or an event announced in such a message;

(g)the debate may continue beyond the ordinary time of adjournment, if necessary, until the conclusion of the debate and consequential business;

(h)the time taken in debate and for any vote shall not count as part of Routine Proceedings;

(i)no amendment or other motion shall be received, except a motion that a certain senator be now heard or do now speak;

(j)when debate concludes or the time for debate expires, the Speaker shall put the question; and

(k)any standing vote requested shall not be deferred, and the bells shall ring for only 15 minutes.

(On motion of Senator Housakos, debate adjourned.)

On the Order:

Resuming debate on the inquiry of the Honourable Senator Simons, calling the attention of the Senate to the challenges and opportunities that Canadian municipalities face, and to the importance of understanding and redefining the relationships between Canada’s municipalities and the federal government.

Hon. Percy E. Downe: Senator Bellemare, I’m concerned about proposed rule 1-1(3) and why the provision says “may” rather than “shall.” Colleagues, I will take a moment to read it out, as it is a short section. It reads:

If a provision of these Rules or a practice of the Senate constitutes a barrier to a senator’s full and equal participation in proceedings solely due to a disability, as defined in the Accessible Canada Act, the Speaker, or the chair of a committee, may authorize reasonable adjustments to the application of the rule or practice.

Why does that not read “shall” so that the senator can have full and equal participation?

[Translation]

Senator Bellemare: Thank you for the question, Senator Downe.

The French version states, “le Président du Sénat ou le président d’un comité peut autoriser.” Regarding the proposal drafted by the clerks, it is my understanding that, as it stands, it is fully at the discretion of the Speaker that minor adjustments are made. The Speaker already does that, but it’s not written in the rules. Considering the debates we had on the accessibility bill, we thought it was appropriate to include in the rules that the Speaker has permission, or has the authority, to make provisions and adjustments to ensure participation. The word “peut” was used in French in the context that this is what the Speaker already does. We didn’t go any further than that. That’s the only answer I can give.

I can’t ask the clerk why they used “shall” in English, which means the same thing as “peut” in French. Isn’t it the same thing? It means “must.” That’s a good question, if it’s not the same as in English, of course. I have here the French version of the changes to the Rules. Someone will get back to you on that.

[English]