Senator Patterson: Senator Dalphond, thank you for the enlightening reasons for this bill in which you describe the history of the districts in Quebec assigned to senators. I would like to ask you, Senator Dalphond, do you believe that the senatorial districts in Quebec are historical anomalies not consistent with the modern democratic and much larger province of Quebec?

Senator Dalphond: Thank you, Senator Patterson, for this very interesting and excellent question. I know you are one of those in this place who have been looking seriously at this qualification criteria of senators and the necessity to have property in specific provinces, a phenomenon which in Quebec has been increased significantly by this provision of the Constitution Act that says any senator from Quebec must reside or own property within the limits of the electoral divisions. It’s called electoral divisions, not even senatorial divisions. The 24 electoral divisions have existed since 1856.

You’re absolutely right that the 24 senators from Quebec must own property, but we must own property in a specific part of the province or reside in that specific part, which is not the case for most of us because we reside most likely in another part of the province.

Also, as you pointed out very rightly, it leads to a kind of absurdity. The province of Lower Canada, in 1856, was located on both sides of the St. Lawrence River going up to the gulf. After that, federal territories were ceded to the province of Quebec, including the whole northern part of Quebec. So you have about two thirds of provincial superficies with no senators. That map and these divisions correspond to a province that does not exist anymore.

I certainly support your attempt and your motion to try to initiate a constitutional amendment to change that, and certainly — unfortunately for Quebec — this is part of the historical compromise and will require not only that this Parliament modify the Constitution, but also that the Quebec National Assembly agrees to abolish these 24 divisions, which represent only about one third of the surface of Quebec and exclude all of the First Nations that are located in the rest of that province.

Fortunately, we can still have representatives of the First Nations in this house, but they are appointed for a division which is not necessarily the natural fit for their belonging. That’s something that should be corrected. Certainly, I agree with you.

Senator Audette: Does that mean we can invite all these important voices to the table, to see how we can change or improve the name of the riding? As I am new to the Senate, I would like to ask the question.

Senator Dalphond: I wasn’t directly involved in the consultations held with officials from the Jardins-de-Napierville RCM. I don’t know exactly who was consulted, other than the mayors and all the other interested parties. I couldn’t tell you any more than that, and I apologize, but I will put this question to Ms. Shanahan.

Hon. Jean-Guy Dagenais: Further to Senator Patterson’s question and regarding the situation of senators who have senatorial districts in Quebec, don’t you find this situation discriminatory, because it requires us to own property? It’s the only province in Canada where this is required. Not only that, but the property must be worth more than $4,000. Couldn’t we use the opportunity of your bill being introduced to study that? I realize that it can be quite complicated to amend the Constitution. I just think this situation is discriminatory toward Quebec senators.

Senator Dalphond: My bill is quite modest and simple. It seeks to remove one word and replace it with three others. It does not seek to amend the Constitution or settle historical debates and historical injustices. I am sorry. It is a modest bill that I am introducing here on behalf of Ms. Shanahan, the member of Parliament. I am pleased that we are taking this opportunity to discuss more important aspects that deserve to be studied and considered in due course.

The answer should come from Senator Patterson. His bill would do this by abolishing the real property qualification, which is essentially obsolete, but I must add that Quebec needs to participate in this exercise.

I know that we may be called upon to amend the 1867 Constitution in response to a request from the National Assembly if Bill 96 passes. Maybe then we could talk more about the Constitution and take the opportunity to talk about other things, but for now, that goes beyond my bill, Senator Dagenais, and I would not want us to get into all that with my bill.

(On motion of Senator Martin, debate adjourned.)

[English]

On the Order:

Resuming debate on the motion of the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator McCallum, for the second reading of Bill S-210, An Act to restrict young persons’ online access to sexually explicit material.

Hon. Rosemary Moodie: Honourable senators, I rise today to speak to Bill S-213, An Act to amend the Criminal Code (independence of the judiciary), a bill that amends the Criminal Code to give judges more discretion not to impose minimum sentences when they consider it just and reasonable.

I would like to begin by thanking my honourable colleague Senator Mobina Jaffer for reintroducing this bill in our new parliamentary session. This bill has been a long-term project of the office of the Honourable Kim Pate since the Forty-second Parliament, and I know Senator Jaffer is the perfect champion to continue this initiative. We owe a debt of gratitude to both of these experienced and dedicated leaders who continue to push for a more just, equitable and inclusive Canada.

Bill S-213 is an essential step forward for our justice system because it addresses the need to restore judicial discretion to our legal system after years of regressive reform. I support the bill because it addresses the human and social costs of imposing mandatory minimum sentences.

Colleagues, as I have said before, we have available to us the results of decades of research, and the evidence is clear: Mandatory minimum sentences do not deter crime, do not reduce recidivism rates, and do not make our communities safer.

Honourable senators, let us discuss and consider this evidence. We can recall that the Supreme Court of Canada, as well as numerous judicial bodies, commissions, parliamentary committees and organizations, have all concluded that mandatory minimum sentences do not deter crime.

We must consider that Canadians are broadly supportive of judicial independence in sentencing. The Department of Justice found in 2018 that Canadians are not supportive of mandatory minimums and prefer a more individualized approach to sentencing. Seventy-seven per cent of Canadians believe, in principle, that applying the same minimum sentence to all offenders convicted of the same crime is not fair or appropriate, and only 16% of Canadians believe that mandatory minimums lead to fair sentencing. Moreover, 90% of Canadians believe that judges should have the flexibility to impose a sentence less than mandatory minimum penalties where reasonable and appropriate, and that they make the best decisions based on the individual elements of a case. Simply put, the plurality of Canadians think that flexibility in sentencing would better address the root causes of crime and make our communities safer by deterring future crime.

Honourable senators, Bill S-213 addresses a significant concern in our judicial system because it brings back into our focus the person, their circumstances and their perspective. In our current system, judges cannot develop a fair sentence based on the individual’s specific circumstances and must impose minimum penalties. However, this system is blind to the implications of the constraint because it is blind to the human, social and financial costs of imposing mandatory minimum sentences.

So, colleagues, what are these costs?

First, we must consider the well-documented systemic racism that is pervasive within our institutions and how Bill S-213 would help address some of the institutional racial inequities in our justice system.

We know that Black and Indigenous offenders are overrepresented in admissions to federal custody. According to data provided by Justice Canada, in 2017, 2.9% of the total Canadian population identified as Black, 4.3% as Indigenous, and 16.2% as other visible minorities. Over a 10-year study period between the fiscal years 2007 and 2017, Indigenous offenders comprised 23% of the federal offender population at admission, while Blacks and other visible minorities comprised about 9% each.

Honourable senators, let us dig deeper into the statistics. Over the 10-year period that Justice Canada considered, the department found that Black and other visible minority offenders were more likely to be admitted to federal custody for an offence punishable by a mandatory minimum penalty. Almost 39% of Black offenders were admitted with a conviction for an offence punishable by a mandatory minimum penalty. For other visible minorities, the rate was about 48%. Not only are visible minorities overrepresented in federal custody, but they are also more likely to be there under a mandatory minimum penalty.

In a statement by the Parliamentary Black Caucus in 2020, BIPOC parliamentarians and civil society came together to speak to this well-documented over-policing and over-incarceration of Black and Indigenous Canadians. Through careful consultation and research, this caucus called for reforms to the justice systems that perpetuate anti-Black racism and systemic bias, specifically through measures like eliminating mandatory minimum sentencing measures.

Beyond the impact on sentencing, mandatory minimum penalties hurt Canadian families, and specifically our children and youth.

A new report published by Campaign 2000 confirmed that one in five children, or 17.7%, lived in poverty in 2019. They note that at this pace, it would take 54 years, or more, to end child poverty. This rate is even higher among racialized and immigrant communities. Even more alarming is that we do not yet have the data to understand the impact of the pandemic, and we continue to observe the widening gaps that have characterized systemic inequities during COVID.

This high poverty rate is of concern, as research demonstrates that poverty has a lifelong impact on educational and occupational opportunities, as well as on the chances for meaningful engagement in society. Moreover, the inequities that arise from poverty can propel vulnerable youth into increased involvement in the criminal justice system as they transition into adulthood. While research is ongoing on how this correlation may contribute to incarceration statistics down the line, it is clear that continuing to rely on mandatory minimum sentencing will continually fail to consider the context and individual circumstances that have led to these offences and perhaps higher rates of future crime.

In fact, in another study conducted by the Department of Justice in 2018, young people noted themselves that two of the essential factors judges should be considering in fair and equitable sentencing are personal circumstances and the history of the accused person. Those who believed in providing flexibility for judges to offer sentencing less than the stated mandatory minimum penalty thought that there are too many personal and contextual circumstances that mandatory minimums do not take into account and could further criminalize vulnerable people. They argued that the criminal justice system should be searching for ways to heal people. This, senators, shows us that the younger generation is searching for a more just, fair and equitable justice system that is responsive to the circumstances of both youth and adults.

Honourable senators, the effects of mandatory minimum sentencing are undeniable and tell a narrative of a system failing to provide justice to Canadians. Our research shows a story of a justice system where racial and ethnic minorities, children and youth are disproportionately represented and affected.

It paints a disturbing picture of systemic inequities that may contribute to increased chances of future crime. It showcases a justice system relying on outdated practices that do not make us safer, do not deter crime and do not decrease recidivism. While criminal reform is a longer and more complex process, we can move it one step forward by passing Bill S-213 and giving our judiciary the ability to exercise discretion in mandatory sentencing to address some of the system’s challenges.

Judicial discretion would allow for the consideration of the impact of incarceration on dependent children and other sectors of our society. Judicial discretion would also give room for the review of reduced or delayed sentencing, where appropriate, and in situations where significant harm could result, such as for dependent children. For this reason, today I stand in support of Bill S-213, which allows our judiciary to move away from mandatory minimum sentencing, where appropriate.

To conclude, I would like to again thank Senator Pate for your leadership and tireless work in starting this journey of reform, and to Senator Jaffer for sponsoring this bill and marching us onward. I would also encourage you, senators, to give serious consideration to the disproportionate impact of mandatory minimum sentences on children and youth in your communities as you consider how to vote on Bill S-213.

Thank you.

Senator Moodie: Senator Boisvenu, I’m referring to past studies — and I’m not going to be specific because I don’t have it in front of me but I can get back to you — that have been done polling Canadians on this matter and that have gathered this information. I can find out that information and send it to you. It’s not here on my sheet of paper.

[Translation]

Hon. Salma Ataullahjan moved second reading of Bill S-223, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs).

She said: Honourable senators, I rise today for the second reading of Bill S-223, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs). For those of you keeping count, this is my fourth introduction of this bill, and hopefully it will be my last.

Less than six months ago during the last parliamentary session, Bill S-204, an exact copy of this bill, unanimously passed in this chamber. It also received all-party support in the other place, but sadly fell off the Order Paper for reasons out of our control.

Honourable senators, Canadians are desperately asking us to pass this piece of legislation — a culmination of 13 years of parliamentary work — without further delay. For those of you who are not familiar with this bill, I will gladly provide a summary.

Bill S-223 proposes to strengthen Canada’s response to organ trafficking by creating additional Criminal Code offences in relation to such conduct and extends extraterritorial jurisdiction over the new offences. It also seeks to amend the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the Minister of Citizenship and Immigration finds that they have engaged in trafficking of human organs.

Currently, there are no laws in Canada banning Canadians from travelling abroad, purchasing organs for transplantation and returning to Canada. That is shameful, especially when we have joined most of the world in condemning the sale of organs and transplant tourism.

Over 100 countries have passed legislation banning the trade of organs. Additionally, several countries have responded with legislation strengthening existing laws that ban organ trafficking and sales. There are a number of governmental and professional bodies with initiatives to regulate domestic and international organ transplantation and tackle organ trafficking, including, for example, the Council of Europe Convention against Trafficking in Human Organs.

Until we pass this bill, we will have to rely solely on people’s ethical and moral conscience to deter Canadians from seeking and obtaining organs abroad. Unfortunately, we know that these deterrents alone are not enough.

In 2012, the World Health Organization claimed that an illegal organ was sold every hour. Overall, the number of illegal transplants worldwide is believed to be around 10,000 a year. This would mean that in the past 13 years that we have dedicated to putting an end to organ harvesting and trafficking, over 130,000 illegal transplants have occurred.

The international character of this problem, which often sees vulnerable people exploited to meet the demand for organ transplantation in places like Canada, requires more than just a condemnation. We need legislation now. When this legislation is passed, perpetrators will know that they can be prosecuted in Canada and banned from entry.

Despite our inability to eradicate human rights violations around the world, we can enact change at home. It is entirely within our power to avoid complicity of transplant tourism within our own borders. This bill is a welcome effort in that complicity avoidance.

It is up to us to give domestic reality to the international aspirations embodied by international law. We, as parliamentarians, whether in government or in opposition, can and must do our part. This globally pervasive practice needs to be stopped without any further delay. Thank you.

Hon. David Richards: My thanks to Senator Ataullahjan. Honourable senators, this is the third time I have stood and spoken in support of Senator Ataullahjan’s bill. There’s very little new that I can say. Organ transplant tourism for profit preys upon the vulnerable and impoverished, many of whom are coerced because of desperation. The practice itself is filled with a horrid first-world elitism.

There are too many stories of children being blinded, or poverty-stricken men and women coerced into giving up their organs for pay they never receive or left with debilitating consequences. Too many prisoners have organs taken to supply those who might afford it as if they were living in a Frankensteinian gulag. In fact, this makes Mary Shelley pale by comparison.

This bill aims at preventing illegal organ transplant tourism for profit and making such transactions liable and criminal in Canada and by Canadians. I can’t think of a reason that this would not be passed by acclamation as it was in this chamber during the last Parliament. Thank you.

Hon. Ratna Omidvar: Honourable senators, I sadly lost the challenge to the dinner clock, but I hope I have moved your hearts and minds. We were at the spot where I was talking about Charter challenges and constitutionality. Let me pick it up from there to briefly reconfirm what I have said, because my memory is frail, and if you’re like me, your memory is frail too.

My bill will seek to seize frozen assets and repurpose them back through court order to victims of corruption, in particular, victims of mass human rights violations and forced displacement. So the question really is: Is this Charter-proof?

Let me quote from a policy paper published on this particular question by the World Refugee & Migration Council, which was prepared by a noted lawyer, no less than former Attorney General of Canada and former Canadian ambassador to the United Nations Allan Rock. He says:

The section of the Charter that could potentially be invoked to attack asset freezes and confiscation is section 7 — the right to life, liberty and security of the person. . . . Although this section has been held by the courts to be very broad, the jurisprudence has also made clear that section 7 generally does not protect and apply to the economic rights of the applicant.

This is further underlined by Justice Gagné, who ruled in the case involving the freezing of the assets of former President Ben-Ali of Tunisia. She noted, “. . . generally, neither the right to hold employment nor the economic interests of the applicants are protected by the Charter.”

The paper concludes on this point:

. . . it is unlikely that an applicant would be successful in challenging Canadian legislation providing for the freezing and confiscation of the assets of corrupt foreign officials on the ground that it contravenes the Charter.

I would like to point out another very important aspect of this bill. Currently, we do not know the value of the assets that have been frozen in Canada. We know the names of the individuals, but we actually do not know whether they have any assets in Canada. There is no public transparency, since the government is not yet obliged to provide this information. This bill will raise the curtain, make it less opaque and compel the government to list not only corrupt foreign officials but also provide the value of their assets. In the absence of this information, Canadians are not able to advocate for confiscation and opportunities to achieve the benefits that I’m talking about.

Finally — and I’m glad I have the time to talk about this a little bit more — this legislation is not unique. We are following best practice from where? Switzerland, the original home of all assets held by all kinds of people in secrecy forever.

In 2015, Switzerland, to clean up its reputation, enacted the Foreign Illicit Assets Act. Under that law, the Swiss government can apply to their federal court to confiscate foreign assets. If granted, Switzerland can send the assets to the country of origin or another entity for the purpose of improving the lives and conditions of the inhabitants of the country and supporting the rule of law in the country, thus contributing to the fight against corruption.

In fact, I think they repurposed stolen assets back to Kazakhstan by court order and used a foundation to provide education for children in Kazakhstan. Both the United Kingdom and France are currently looking at similar legislation. The EU, which recently enacted Magnitsky, is also looking at this legislation as the next step in their fight against corruption.

This brings me to the final reason I believe this legislation is important. If Canada succeeds in passing it, I believe that others will follow. We followed the example of the U.S. in calling the Magnitsky Act into life, and former Senator Andreychuk improved on the U.S. version once it came to Canada.

The same narrative may well follow this act. This bill, I believe, will ignite the imagination of other jurisdictions by providing a concrete example of how individual jurisdictions can act. Others will pick it up and improve on it, and Canada will be the transformative leader.

In conclusion, colleagues, for far too along corrupt foreign officials have acted with impunity. They have not only stolen mass wealth but have created significant hardship for their people. Their actions have contributed to the displacement and misery of millions of people. Calling them out is simply not enough. We have to make them pay, and FARA will accomplish precisely that.

Thank you, honourable senators.

Senator Omidvar: Thank you, Senator Dalphond. I always dread questions from the lawyers in the room, because I’m not a lawyer. This one I’m grateful for, because you got it completely right. It is not a criminal court proceeding but an administrative court proceeding.

Thank you for your support. I hope you will help me pass this and get it to the Foreign Affairs Committee so we can very quickly get witnesses, discuss this and bring it back to the chamber. Thank you.

(On motion of Senator Duncan, debate adjourned.)

The Hon. the Speaker: Honourable senators, the Clerk will distribute information shortly about how to vote, and you will be able to vote until 6 p.m. tomorrow. The information will be sent to the Senate email address that you use to access Zoom for sittings of the Senate or a committee meeting. As there are only two candidates, senators will be asked to select only one.

We will now proceed with Senators’ Statements for the 12 minutes remaining.

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Boniface, bill placed on the Orders of the Day for second reading two days hence.)

[Translation]

The Hon. the Speaker: Is leave granted, honourable senators?

Hon. Pierre J. Dalphond moved second reading of Bill S-207, An Act to change the name of the electoral district of Châteauguay—Lacolle.

He said: Honourable senators, I will not take as long as I did to talk about the bill on judicial discipline, which is a far more complex topic than the one I will speak to now for a few minutes.

Honourable senators, today I am pleased to undertake second reading of Bill S-207, An Act to change the name of the electoral district of Châteauguay—Lacolle.

This little bill has two short clauses and would finally act on the will of the House of Commons, which in 2018 passed a private member’s bill that had been introduced by MP Brenda Shanahan in 2017 to fix an error made in 2013 by the Federal Electoral Boundaries Commission for the Province of Quebec that has since been criticized by constituents in my senatorial division, De Lorimier.

Unfortunately, after being introduced in the Senate by our former colleague, Senator André Pratte, this bill died on the Order Paper in June 2019 while being considered by the Legal and Constitutional Affairs Committee, to which it had been referred seven months earlier on November 22, 2018.

The members in the other place fixed this error more than three years ago, but the Senate did not.

Allow me to explain this error by providing some historical context on the Senate division of De Lorimier, which I am honoured to represent in the Senate.

As you all know, in 1867, Quebec, known then as Lower Canada or Canada East, was divided into 24 electoral divisions with precise geographical boundaries, much like the 54 ridings at the time. This was done to facilitate the election of senators and is not seen elsewhere in Canada.

[English]

As you may know, the parliament of the Province of Canada, created by the Union Act of 1840, had two houses: the legislative assembly and the legislative council. The latter was the upper house of the united parliament. In 1854, in response to a request from Canadians, the British Parliament adopted a bill that authorized the election of the legislative councillors, and in 1856, implementation legislation was passed by the parliament of the Province of Canada. Pursuant to this legislation, the new members of the legislative council were to be elected for eight-year terms from 48 divisions: 24 in Upper Canada and 24 in Lower Canada. Twelve members were elected every two years from 1856 to 1862. As you know, Sir John A. Macdonald and Sir George-Étienne Cartier were not very keen on having elected senators. They thought this would be detrimental to the status of elected MPs. Of note, since 1914 — since the ratification of the seventeenth amendment in the U.S. — all U.S. senators have been chosen by direct popular election. This resulted in a transformation of the relationship between the U.S. Senate and the House of Representatives. That has resulted in the real power being in the Senate.

In Canada, to avoid upsetting the elected members of the then upper house of the united parliament, Sir John A. Macdonald wisely suggested to the Crown in 1867 that they appoint nearly all of them to the new Canadian Senate.

In other words, most of the first senators appointed to this chamber had been previously elected. This could be of interest to those who were recently elected by Albertans to represent them in this chamber and now wish to submit their names to the advisory committee on Senate appointments, in order to be considered for appointment to the Senate. In their letter, they should refer to the 1867 precedent.

[Translation]

The 24 senatorial divisions in Quebec correspond to the 24 divisions created to elect 24 councillors to the legislative council in 1856. In accordance with section 22 of the Constitution Act, 1867, even today, Quebec senators are appointed for each one of these 24 divisions, unlike the situation in Ontario. Because Quebec’s area has increased since 1856, part of modern Quebec does not have Senate representation.

At present, my Senate division includes three electoral ridings: Saint-Jean, Châteauguay—Lacolle and Salaberry—Suroît.

Additionally, in my beautiful Senate division, there are three places with the name Lacolle: the municipality of Lacolle, the site of two battles that took place during the War of 1812, with a population of about 3,000; the municipality of Saint-Bernard-de-Lacolle, with a population of 1,600; and one of the busiest border crossings in the country, Saint-Bernard-de-Lacolle, which is located a few kilometres from an equally well-known crossing, Roxham Road, which is used by people wanting to illegally enter Canada to claim political asylum or for family reunification purposes without being turned away as they would be at a regular border crossing.

The two municipalities, both proud of their distinct history and their current circumstances, are located just 11 kilometres apart and near the border with the state of New York. In the minds of people from outside the region, there has always been some confusion between these two municipalities.

What is more, most people who cross the border into the United States, and even the media, refer to the customs station in Saint-Bernard-de-Lacolle as the Lacolle border crossing.

The confusion was compounded in 2013 when the redrawn federal riding in my senatorial division was named Châteauguay—Lacolle.

Châteauguay is the main municipality in the area, so it is only natural that it would be part of the name of the riding represented by Ms. Shanahan, who was first elected in 2015 and has since been re-elected twice, including this October, with a slim majority of 12 votes following a judicial recount that ousted an adversary who had been declared the winner on election night.

However, the municipality of Lacolle is not part of that riding, so adding it to the riding name is a mistake. That municipality is actually located in the adjacent riding of Saint-Jean, which has been represented since 2019 by MP Christine Normandin, a respected lawyer I have had the pleasure of collaborating with.

In other words, the commission responsible for electoral redistribution in 2013 made a mistake when it added the “Lacolle.” The new riding could have been called Châteauguay—Saint-Bernard-de-Lacolle, but not Châteauguay—Lacolle.

The members who reviewed the commission’s work missed this mistake at the time. People in my senatorial division did pick up on it, however. The people of Lacolle, Saint-Bernard-de-Lacolle and other parts of my division reported the mistake to the candidates running in the 2015, 2019 and 2021 elections.

In fact, during the 2015 election campaign, Ms. Shanahan committed to changing the riding name. Once she was elected, she introduced a bill in the other place to change the name Châteauguay—Lacolle to Châteauguay—Les Jardins-de-Napierville. This bill, Bill C-377, was adopted.

This new name emerged from extensive discussions with residents, mayors and regional stakeholders. The name Châteauguay—Les Jardins-de-Napierville was a logical and meaningful choice for several reasons.

First, Jardins-de-Napierville is the name of the RCM, or regional county municipality, that includes 9 of the 15 municipalities in the riding called “Châteauguay—Lacolle.”

Second, the largest city, Châteauguay, is on the northwestern edge of the riding, while the Jardins-de-Napierville RCM includes the nine municipalities in the southeastern part of the riding.

Third, the Jardins-de-Napierville RCM, whose beauty is reflected in the word “jardins,” meaning gardens, is Quebec’s top market gardening region, for which it has earned quite a reputation as well as a prominent place on Quebecers’ dinner plates.

Fourth, the name Châteauguay—Les Jardins-de-Napierville reflects the part urban, part rural character of the riding.

In short, the name proposed in the 2016 bill is uncontroversial. Quite the opposite: All the mayors in the region support the name change, and several hundred people even signed a petition urging us to pass the bill in 2017.

Lastly, the name “Châteauguay—Les Jardins-de-Napierville” meets all the technical criteria set by Elections Canada.

In May 2018, Ms. Shanahan’s Bill C-377 was introduced in the Senate, sponsored by our former colleague André Pratte. Well aware of the situation, Senators Pratte, Dawson and Carignan rose in this chamber on behalf of the three groups represented in the Senate and spoke in favour of the bill at second reading stage. No one spoke against it.

However, the bill was only passed by the Senate at second reading stage on November 22, 2018, and was then referred to the Legal and Constitutional Affairs Committee for what we hoped would be a short, quick study.

Unfortunately, as this was a private member’s bill and not a government bill, it could not be studied by the Legal and Constitutional Affairs Committee in the seven months that followed, because the committee was very busy studying government bills, including the numerous amendments to the Access to Information Act and the Criminal Code, as honourable senators will recall.

Today I propose that we finish the work that was interrupted in June 2019 by referring this bill to the Legal and Constitutional Affairs Committee, which could quickly proceed to a study that I believe will be rather short.

Having said that, some may wonder if it is still necessary to correct the mistake made in 2013, now that we have electoral boundaries commissions, which fulfill the constitutional obligation to review riding boundaries after every 10-year census.

The redistribution process defined in the Electoral Boundaries Readjustment Act could lead to changes in the boundaries of three ridings in my Senate division and possibly new designations. To answer this legitimate question, I have to point out several things.

First, the boundaries commissions will start their work in mid-February 2022, when Statistics Canada publishes the population numbers from the 2021 census. Then there will be the publication of a proposal on electoral boundaries for each province, prepared by the relevant boundaries commission. Next, there will be public hearings and reports that should be submitted to the Speaker of the House of Commons around mid-December 2022, although that deadline could be extended by two months. The reports will therefore be sent to the House of Commons toward the end of 2022 or the beginning of 2023.

These reports will then be referred to a House of Commons committee, where objections signed by at least 10 members may be filed within 30 days. The committee then has to study the objections received in the 30-day period and draft a report that will be transmitted to the relevant boundaries commissions.

So ends the parliamentary phase set out in the legislation, while adding at least two months to the process.

It will then be up to each of the commissions that received objections to determine if there is good reason to change the boundaries or names of ridings before submitting a final report to the Speaker of the House of Commons, care of the Chief Electoral Officer. That step should be completed in May or June 2023.

The Chief Electoral Officer will then prepare a representation order describing the electoral districts established by the commissions and send it to the government, which is supposed to pass an order-in-council within five days of receipt. This step should be completed in September 2023 or the month after.

Lastly, pursuant to the act, the order-in-council will become effective on the first dissolution of Parliament that occurs at least seven months after the date fixed by the proclamation, which would be April 2024 at the earliest, or possibly May or June 2024.

In short, Canada’s new electoral map, including the boundaries and designations of the 342 ridings, 77 of them in Quebec, not 78 anymore, would not apply until a general election called after April or May 2024 at the earliest.

Had the October 2021 election produced a majority government, we might conclude that there’s no point fixing the historical error in the name of the riding represented by Brenda Shanahan. However, she says her bill is still necessary.

Indeed, the probability that the constituents in the federal riding of Châteauguay—Lacolle will return to the polls in a general election called before April or May 2024 cannot be ruled out.

In that situation, voters should not be asked to vote again to elect a member of Parliament who will represent a misnamed riding for a few more years. In short, it would be wise to finally pass this bill, and I urge everyone to do so as soon as possible.

Thank you. Meegwetch.

[English]

The Hon. the Speaker: If anyone is opposed to leave, please say “no.” Leave is granted.

The Hon. the Speaker: I’m sorry for interrupting you, Senator McCallum, but your time has expired. Are you asking for five more minutes to finish?

The Hon. the Speaker: I’m sorry to interrupt you, Senator Omidvar. Lately, you’ve been in conflict with the six o’clock rule. You will be given the balance of your time. My apologies.

Honourable senators, pursuant to rule 3-3(1) and the order adopted on November 25, 2021, I’m obliged to leave the chair unless there is leave that we continue.

There being no request for leave, the sitting is suspended until 7 p.m.

(The sitting of the Senate was suspended.)

(The sitting of the Senate was resumed.)

On the Order:

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Audette, for the second reading of Bill S-217, An Act respecting the repurposing of certain seized, frozen or sequestrated assets.

Hon. Pierre J. Dalphond: Honourable senator, will you take a question?

Hon. Michael L. MacDonald moved the adoption of the report.

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Boniface, bill placed on the Orders of the Day for second reading two days hence.)

[Translation]