Proceedings of the Standing Senate Committee on
Foreign Affairs and International Trade
Issue 16 - Minutes of Proceedings - November 7, 2012
OTTAWA, Wednesday, November 7, 2012
(40)
[English]
The Standing Senate Committee on Foreign Affairs and International Trade met this day at 4:18 p.m., in room 160- S, Centre Block, the chair, the Honourable A. Raynell Andreychuk, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Dallaire, De Bané, P.C., Downe, Finley, Fortin-Duplessis, Hubley, Johnson, Marshall, Smith, P.C. (Cobourg), Stratton, Wallace and Wallin (13).
In attendance: Natalie Mychajlyszyn, Brian Hermon and Erin Shaw, Analysts, Parliamentary Information and Research Service, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Friday, June 22, 2012, the committee continued its examination of Bill S-10, An Act to implement the Convention on Cluster Munitions. (For the complete text of the order of reference, see proceedings of the committee, Issue No. 14.)
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-10, An Act to implement the Convention on Cluster Munitions.
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
The chair asked whether clause 2 shall carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 2,
(a) on page 2, by adding after line 6 the following:
" "cluster munition remnants " means failed cluster munitions, abandoned cluster munitions, or explosive submunitions or explosive bomblets that have not exploded. "; and
(b) on page 3, by adding after line 27 the following:
" "transfer ", in respect of a cluster munition, explosive submunition or explosive bomblet, includes
(a) the physical movement of that munition and, for greater certainty, includes the physical movement of that munition from a foreign state or territory to another foreign state or territory, and
(b) the transfer of title to and control over that munition,
but does not include the transfer of territory containing cluster munition remnants. ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, Downe, Hubley — 3
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Stratton, Wallace, Wallin — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 2 carry, on division.
It was agreed that clause 3 carry.
It was agreed that clause 4 carry.
It was agreed that clause 5 carry.
The chair asked whether clause 6 shall carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 6, on page 4, by replacing line 12 with the following:
"explosive bomblet, or stockpile cluster munitions, explosive submunitions or explosive bomblets; ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, Downe, Hubley — 3
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Stratton, Wallace, Wallin — 6
ABSTENTIONS
The Honourable Senators
Nil — 0
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 6, on page 4, by replacing lines 13 to 17 with the following:
"(c) transfer a cluster munition, explosive submunition or explosive bomblet; ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, Downe, Hubley, Smith (Cobourg) — 4
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Stratton, Wallace, Wallin — 6
ABSTENTIONS
The Honourable Senators
Nil — 0
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 6, on page 4, by replacing lines 26 and 27 with the following:
"any act referred to in paragraphs (a) to (d);
(h) directly or indirectly, invest in the securities of a corporation, knowing that the corporation develops or makes cluster munitions, explosive submunitions or explosive bomblets; or
(i) receive, comfort or assist another person, ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Stratton, Wallace, Wallin — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 6 carry, on division.
It was agreed that clause 7 carry.
The chair asked whether clause 8 shall carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 8, on page 5,
(a) by replacing lines 16 to 20 with the following:
"possesses, transfers, imports or exports that munition. "; and
(b) by replacing lines 29 to 32 with the following:
"transfers, imports or exports that munition. ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Stratton, Wallace, Wallin — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 8 carry, on division.
It was agreed that clause 9 carry.
The chair asked whether claise 10 shall carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 10, on page 5, by replacing lines 39 to 44 with the following:
"acquiring, possessing or transferring a cluster munition, explosive submunition or explosive bomblet, if that munition has been ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Stratton, Wallace, Wallin — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 10 carry, on division.
The chair asked whether clause 11 shall carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 11, on page 6, by replacing lines 17 to 24 with the following:
"transfer, import or export of a cluster munition, explosive submunition or explosive bomblet by the armed forces of that state; ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Stratton, Wallace, Wallin — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
At 5:00 p.m., the Honourable Senator Marshall replaced the Honourable Senator Wallin.
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 11,
(a) on page 6,
(i) by replacing lines 24 to 32 with the following:
"over it, if the person does not expressly request that a cluster munition, explosive submunition or explosive bomblet be involved in the carrying out of the activity;
(b) requesting the carrying out of an activity that may involve the use of a cluster munition, explosive submunition or explosive bomblet by the armed forces of that state, if the person does not expressly request that a cluster munition, explosive submunition or explosive bomblet be used and the choice of munitions used is not within the exclusive control of the Canadian Forces; or
(c) moving a cluster munition, explosive submunition or explosive bomblet from a ", and
(ii) by replacing lines 43 and 44 with the following:
"engaging in an activity related to the transport — other than the actual transport — of a cluster munition, explosive "; and
(b) on page 7,
(i) by replacing lines 4 to 14 with the following:
"that is not a party to the Convention, from receiving, comforting or assisting another ", and
(ii) by adding after line 21 the following:
"(4) No person contravenes section 6 by reason only that the person engages in military cooperation or combined military operations involving Canada and a state that is not a party to the Convention that might engage in activities prohibited under section 6.
(5) A person who is subject to the Code of Service Discipline under any of paragraphs 60(1)(a) to (g) and (j) of the National Defence Act, or who is an employee as defined in subsection 2(1) of the Public Service Employment Act, and who is directing or authorizing activities in the course of engaging in military cooperation or combined military operations involving Canada and a state that is not a party to the Convention must make their best efforts to discourage the armed forces of that state from using, or planning to use, cluster munitions, explosive submunitions or explosive bomblets, and must provide those armed forces with advice respecting the availability of alternative and effective conventional munitions. ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Marshall, Stratton, Wallace — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 11 carry, on division.
The chair asked whether clause 12 shall carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended in clause 12, on page 7, by replacing lines 24 to 29 with the following:
"from acquiring, possessing, transferring, importing or exporting a cluster munition, explosive submunition or explosive bomblet for ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Marshall, Stratton, Wallace — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 12 carry, on division.
It was agreed that clause 13 carry.
It was agreed that clause 14 carry.
It was agreed that clause 15 carry.
It was agreed that clause 16 carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended, on page 8, by adding after line 28 the following:
"INTERNATIONAL RELATIONS
16.1 (1) The Minister of National Defence must advise the government of any state that is not a party to the Convention, and with which Canada is engaged in military cooperation or combined military operations, of Canada's obligations under the Convention.
(2) Any agreement between Canada and a state that is not a party to the Convention pursuant to which a person referred to in subsection 11(1) is on attachment, exchange or secondment, or serving under similar arrangement, with the armed forces of that state, must provide that the person will not be ordered by, and will not be required to follow any order issued by, a member of those armed forces to perform an act that is prohibited by this Act. ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Marshall, Stratton, Wallace — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 17 carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended, on page 9, by adding after line 8 the following:
"17.1 (1) Every person who commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under this Act, is, if the person is a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or a corporation incorporated under the laws of Canada or a province, deemed to have committed that act or omission in Canada.
(2) For greater certainty, section 130 of the National Defence Act applies in relation to this Act. ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Marshall, Stratton, Wallace — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 18 carry.
It was agreed that clause 19 carry.
It was agreed that clause 20 carry.
It was agreed that clause 21 carry.
It was agreed that clause 22 carry.
It was agreed that clause 23 carry.
The Honourable Senator Hubley moved:
That Bill S-10 be amended, on page 10, by adding after line 17 the following:
"ANNUAL REPORT
23.1 (1) Within four months of the end of each fiscal year, the Minister of Foreign Affairs, the Minister of National Defence and the Attorney General of Canada must jointly prepare a report on the implementation of the Convention and the enforcement of this Act, and the Minister of Foreign Affairs must cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed.
(2) The annual report must include a description of the progress made by the Government of Canada in relation to the following:
(a) the promotion of the norms established by the Convention;
(b) the encouragement of states that are not parties to the Convention to ratify, accept, approve or accede to the Convention;
(c) the notification of states with which Canada is engaged in military cooperation or combined military operations, but which are not parties to the Convention, of Canada's obligations under the Convention;
(d) the discouragement of states with which Canada is engaged in military cooperation or combined military operations, but which are not parties to the Convention, from using cluster munitions, explosive submunitions or explosive bomblets; and
(e) the deactivation, disposal and destruction of all cluster munitions, explosive submunitions or explosive bomblets possessed by Her Majesty in Right of Canada in a manner that protects the environment and human health. ".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Dallaire, De Bané, Downe, Hubley, Smith (Cobourg) — 5
NAYS
The Honourable Senators
Andreychuk, Finley, Fortin-Duplessis, Johnson, Marshall, Stratton, Wallace — 7
ABSTENTIONS
The Honourable Senators
Nil — 0
It was agreed that clause 24 carry.
It was agreed that the schedule carry.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the title carry.
It was agreed that the bill carry, on division.
It was agreed that Bill S-10 be reported to the Senate.
At 5:47 p.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee