Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
(Unrevised)
1st Session, 41st Parliament
Issue 100
Friday, June 29, 2012
9:00 a.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cordy, Cowan, Dagenais, Dallaire, Dawson, De Bané, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, St. Germain, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cordy, Cowan, Dagenais, Dallaire, Dawson, De Bané, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, St. Germain, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 35, dated December 12, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Callbeck, respecting the Canada Pension Plan.—Sessional Paper No. 1/41-1019S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-23, An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Nancy Ruth, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That, pursuant to rule 39, not more than a further six hours of debate be allocated for consideration at third reading stage of Bill C-11, An Act to amend the Copyright Act;
That when debate comes to an end or when the time provided for the debate has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the third reading stage of the said Bill; and
That any recorded vote or votes on the said question shall be taken in accordance with rule 39(4).
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Brown, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Tkachuk, Unger, Verner, Wallace, Wallin, White—50
NAYS
The Honourable Senators
Callbeck, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Eggleton, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Kenny, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Ringuette, Robichaud, Smith (Cobourg), Tardif, Watt, Zimmer—30
ABSTENTIONS
The Honourable Senators
Nil
Bills
Resuming debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator MacDonald, for the third reading of Bill C-11, An Act to amend the Copyright Act;
And on the motion in amendment of the Honourable Senator Moore, seconded by the Honourable Senator Dawson, that Bill C-11 be not now read a third time, but that it be amended
(a) in clause 27, on page 23,
(i) by replacing lines 25 to 29 with the following:
"convenient time.'',
(ii) by deleting lines 33 to 37, and
(iii) by replacing line 41 with the following:
"students who are enrolled in the course to which the lesson relates;'';
(b) by relettering paragraphs 30.01(6)(b) to (d) on pages 23 and 24 as paragraphs 30.01(6)(a) to (c) and changing all related cross-references accordingly;
(c) in clause 34, on page 36, by replacing line 26 with the following:
"tained and may not subsequently reproduce the same sound recording, or performer's performance or work embodied in the sound recording, unless the copyright owner authorizes further reproductions to be made.''; and
(d) in clause 47,
(i) on page 45,
(A) by replacing line 17 with the following:
"the technological protection measure, for any infringing purpose, unless'', and
(B) by replacing line 25 with the following:
"measure for any infringing purpose.'',
(ii) on page 51, by replacing lines 33 to 35 with the following:
"subsection.'', and
(iii) on page 58, by replacing lines 10 and 11 with the following:
"regulation, increase or decrease the maximum amount of statutory damages set''.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Ringuette, Robichaud, Smith (Cobourg), Tardif, Watt, Zimmer—29
NAYS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Brown, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Tkachuk, Unger, Verner, Wallace, Wallin, White—51
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on motion of the Honourable Senator Greene, seconded by the Honourable Senator MacDonald, for the third reading of Bill C-11, An Act to amend the Copyright Act.
Pursuant to rule 39(4)(b), a standing vote was deferred until 5:30 p.m., later this day, with the bells to sound at 5:15 p.m. for fifteen minutes.
inquiries
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Frum, for the second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom).
After debate,
The Honourable Senator Nancy Ruth, for the Honourable Senator Munson, moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 and 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Duffy, seconded by the Honourable Senator Frum, for the second reading of Bill C-313, An Act to amend the Food and Drugs Act (non-corrective contact lenses).
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Munson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 5 was called and postponed until the next sitting.
Reports of Committees
Consideration of the sixth report of the Standing Senate Committee on Banking, Trade and Commerce, (budget—review of the proceeds of crime (money laundering) and terrorist financing act—power to hire staff and to travel), presented in the Senate on June 27, 2012.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the consideration of the third report of the Standing Senate Committee on Foreign Affairs and International Trade entitled: A Charter "Fit for Purpose'': Parliamentary Consultation on the Proposed Charter of the Commonwealth, tabled in the Senate on April 3, 2012.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the fifth report of the Standing Senate Committee on Foreign Affairs and International Trade entitled: Intensifying Strategic Partnerships with the New Brazil, tabled in the Senate on May 29, 2012.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Consideration of the seventh report (interim) of the Standing Senate Committee on Human Rights entitled: Level the playing field: A natural progression from playground to podium for Canadians with disabilities, tabled in the Senate on June 12, 2012.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Hubley, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Other
Orders No. 50, 45 and 35 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Martin, calling the attention of the Senate to:
(a) the importance of the Korean War, the third bloodiest war in Canadian History but often called "The Forgotten War''; and
(b) Canada's contribution to the three-year war on the Korean Peninsula, including the 26,791 Canadians who came to the aid of South Korea, 516 of whom gave the ultimate sacrifice, and the 7,000 Canadian peacekeepers who arrived following the signing of the Korea Armistice Agreement in Panmunjom 59 years ago this July 27.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Dallaire.
° ° °
Resuming debate on the inquiry of the Honourable Senator Poy, calling the attention of the Senate to the importance of Asia to Canada's future prosperity.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Day.
° ° °
Orders No. 46 (inquiry), 83 (motion), 27, 40, 43, 48 (inquiries), 75 (motion), 47 (inquiry) and 19 (motion) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Chaput calling the attention of the Senate to the process for readjusting federal electoral boundaries and the impact it could have on the vitality of official language minority communities.
Debate concluded.
° ° °
Orders No. 29, 30, 3, 11, 19, 37, 9, 18 and 22 (inquiries) were called and postponed until the next sitting.
° ° °
Order No. 32 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
° ° °
Resuming debate on the inquiry of the Honourable Senator Losier-Cool, calling the attention of the Senate to the current state of French language education in New Brunswick.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Moore, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Fraser called the attention of the Senate to the desirability of maintaining merchants' records of sales of non-restricted firearms.
After debate,
The Honourable Senator Runciman moved, seconded by the Honourable Senator Stewart Olsen, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Dallaire called the attention of the Senate to the case of Omar Khadr, the first person to be prosecuted for war crimes committed while a minor, and further call on the Senate to demand his repatriation without further delay.
Debate concluded.
At 3:45 p.m., pursuant to rule 7(2), the sitting was suspended until 5:15 p.m.
The sitting resumed.
DEFERRED VOTE
At 5:30 p.m., pursuant to Rule 39(4)(b), the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Buth, seconded by the Honourable Senator Doyle, for the third reading of Bill C- 38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Brown, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Fortin-Duplessis, Frum, Gerstein, Greene, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Tkachuk, Unger, Verner, Wallace, Wallin, White—49
NAYS
The Honourable Senators
Callbeck, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Kenny, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Ringuette, Robichaud, Smith (Cobourg), Tardif, Watt, Zimmer—31
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill C-38 was read the third time, and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
At 5:38 p.m., pursuant to Rule 39(4)(b), the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Greene, seconded by the Honourable Senator MacDonald, for the third reading of Bill C-11, An Act to amend the Copyright Act.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Brown, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Fortin-Duplessis, Frum, Gerstein, Greene, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Tkachuk, Unger, Verner, Wallace, Wallin, White—49
NAYS
The Honourable Senators
Callbeck, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Eggleton, Fairbairn, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Kenny, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Ringuette, Robichaud, Tardif, Watt, Zimmer—29
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill C-11 was read the third time, and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Ordered, That the sitting be suspended to await the announcement of Royal Assent, to reassemble at the call of the Chair with a five minute bell.
(Accordingly, at 5:45 p.m. the sitting was suspended.)
At 6:37 p.m. the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 6:38 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
June 29, 2012
Mr. Speaker:
I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 29th day of June, 2012, at 6:15 p.m.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Friday, June 29, 2012
An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan (Bill C-23, Chapter 18, 2012)
An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures (Bill C-38, Chapter 19, 2012)
An Act to amend the Copyright Act (Bill C-11, Chapter 20, 2012)
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino:
That when the Senate adjourns today, it do stand adjourned until Tuesday, September 25, 2012, at 2 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:41 p.m. the Senate was continued until Tuesday, September 25, 2012, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Duffy replaced the Honourable Senator Nolin (June 28, 2012).