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60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate
(Unrevised)

1st Session, 41st Parliament


Issue 31

Tuesday, November 22, 2011
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Dallaire, Dawson, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poulin (Charette), Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, St. Germain, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Dallaire, Dawson, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poulin (Charette), Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, St. Germain, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of documents

The Honourable the Speaker tabled the following:

The 2011 Fall Report of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(3).—Sessional Paper No. 1/41-592.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Dyck, for the Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its second report (Bill C-22, An Act to give effect to the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada concerning the Eeyou Marine Region, without amendment).

The Honourable Senator Patterson moved, seconded by the Honourable Senator Plett, that the bill be placed on the Orders of the Day for a third reading at the next sitting.

The question being put on the motion, it was adopted.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-13, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 and other measures, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Oliver, that the bill be placed on the Orders of the Day for a second reading two days hence.

The question being put on the motion, it was adopted.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Hubley tabled the following:

Report of the Canadian Delegation of the Commonwealth Parliamentary Association (CPA) respecting its participation at the CPA Parliamentary Seminar for Trinidad and Tobago, held in Trinidad and Tobago, from January 24-27, 2011.—Sessional Paper No. 1/41-593.

Report of the Canadian Delegation of the Commonwealth Parliamentary Association respecting the Bilateral Visit to the Caribbean, the Americas and the Atlantic Region Republic of Trinidad and Tobago, from February 19 to 24, 2011.—Sessional Paper No. 1/41-594.

Report of the Canadian Delegation of the Commonwealth Parliamentary Association (CPA) respecting its participation at the 35th CPA Regional Conference of the Caribbean, the Americas and the Atlantic, held in Port of Spain, Trinidad and Tobago, from July 23 to 31, 2010.—Sessional Paper No. 1/41-595.

Presentation of Petitions

The Honourable Senator Meighen presented the following petition:

Of The Industrial Alliance Pacific General Insurance Corporation, of the City of Vancouver, in the province of British Columbia; praying for the passage of an Act to authorize the Industrial Alliance Pacific General Insurance Company to apply to be continued as a corporation under the laws of Quebec.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Second reading of Bill C-16, An Act to amend the National Defence Act (military judges).

The Honourable Senator Lang moved, seconded by the Honourable Senator Smith (Saurel), that the bill be read the second time.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Lang moved, seconded by the Honourable Senator Martin, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

The question being put on the motion, it was adopted.

Motions

Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Mockler:

That, pursuant to section 3 of the Statutes Repeal Act, R.S., 2008, c. 20, the Senate resolve that the following Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

2. An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, S.C. 1998, c. 22:

-ss. 1(1) and (3), 2 to 5, 6(1) and (2), 7, 9, 10, 13 to 16, s. 17 in respect of par. 88(1)(a) of the English version of the Canada Grain Act and in respect of the portion of s. 88(1) of the French version of the Canada Grain Act that reads as follows: "soit pénétrer dans une installation ou dans les locaux d'un titulaire de licence d'exploitation d'une installation ou de négociant en grains ou en cultures spéciales s'il a des motifs raisonnables de croire que des grains, des produits céréaliers ou des criblures s'y trouvent, qu'ils appartiennent au titulaire ou soient en sa possession, ainsi que des livres, registres ou autres documents relatifs à l'exploitation de l'installation ou du commerce'', and ss. 18 to 23, 24(2) and (3) and 26 to 28;

3. An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, S.C. 1998, c. 17:

-ss. 6(3), 7, 18(1), 19(4), 22 and s. 25 in respect of s. 47 of the Canadian Wheat Board Act;

4. Agricultural Marketing Programs Act, S.C. 1997, c. 20:

-ss. 44 to 46;

5. Canada Grain Act, R.S., c. G-10:

-par. (d) and (e) of definition "elevator'' in s. 2, and

-ss. 55(2) and (3);

6. Canadian Wheat Board Act, R.S., c. C-24:

-ss. 20 to 22;

7. Budget Implementation Act, 1998, S.C. 1998, c. 21:

-ss. 131 and 132;

8. An Act to implement the Agreement on Internal Trade, S.C. 1996, c. 17:

-ss. 17 and 18;

9. Nordion and Theratronics Divestiture Authorization Act, S.C. 1990, c. 4:

-s. 9;

10. Preclearance Act, S.C. 1999, c. 20:

-s. 37;

11. Contraventions Act, S.C. 1992, c. 47:

-ss. 8(1)(d), 9, 10, 12 to 16, 17(1) to (3), 18, 19, 21 to 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 with respect to ss. 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9, 10, 11, 12, 14 and 16, and 85;

12. Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-ss. 89, 90, 97, 107(1) and (3), 109, 128, 174, 175(2), 176(1), 177, 178, 180 to 186, 275, 277, 286 to 288 and 290;

13. Firearms Act, S.C. 1995, c. 39:

-par. 24(2)(d), ss. 39, 42 to 46, 48 and 53;

14. Marine Liability Act, S.C. 2001, c. 6:

-s. 45;

15. Canada Marine Act, S.C. 1998, c. 10:

-ss. 140, 178, 185, and 201, and

-Part 2 to the Schedule; and

16. Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-ss. 155, 157, 158, 161(1) and (4).

After debate,

The Honourable Senator Moore moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

°    °    °

The order for motion No. 18 was called.

A Point of Order was raised as to the acceptability of the government notice of motion No. 18 in the name of the Honourable Senator Carignan.

After debate,

The Speaker pro tempore reserved his decision.

At 4:06 p.m., the sitting was suspended.

At 4:21 p.m., the sitting resumed.

SPEAKER'S RULING

Honourable senators, an important point of order was raised by the Honourable Senator Moore that I am prepared to rule on.

As honourable senators know, it is related to Order No. 18 on the Orders of the Day. As to the matter raised by Senator Moore — rule 74 is clear and the matter has been before the Senate for some time.I want to refer honourable senators to page 76 of the Rules of the Senate and rule 74(1).

The subject-matter of any bill which has been introduced in the House of Commons, but not read the first time in the Senate, may be referred to a standing committee for study.

This is the essence of the authority that we have to do a pre-study of a bill that has been introduced in the House of Commons and is not yet before the Senate. This practice is not unusual; The matter before us is not out of order.

What does cause me a little bit of concern on the orderliness of our proceedings is that when the table called Order No. 18, I was listening while signing some papers. I did not hear the question being put. The house has no idea, although the order has been called, what is the will of the house as to whether to put the question or have it stand. Order No. 18 has been called, and we need to hear from the house the disposition.

The Honourable Senator Plett moved, seconded by the Honourable Senator Ogilvie:

That, pursuant to rule 39, not more than a further six hours of debate be allocated for the consideration of the motion number 16, concerning the Canadian Wheat Board;

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 motion; and

That any recorded vote or votes on the said question shall be taken in accordance with rule 39(4).

A point of order was raised with respect to the acceptability of the motion.

Debate.

SPEAKER'S RULING

Honourable senators, it is not necessary for me to hear any more arguments on that because rule 74 provides explicitly that a notice can be given and a motion be brought to the house to propose a pre-study on a bill that is yet to be received in this house. In fact, mutatis mutandis is what pre-study means. The house is not impeded from proceeding on this motion on this basis.

The Senate resumed debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Ogilvie:

That, pursuant to rule 39, not more than a further six hours of debate be allocated for the consideration of the motion number 16, concerning the Canadian Wheat Board;

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 motion; and

That any recorded vote or votes on the said question shall be taken in accordance with rule 39(4).

A point of order was raised with respect to the acceptability of the motion.

Debate.

With leave of the Senate,

The motion was withdrawn.

After debate,

The Speaker reserved his decision.

Inquiries

Orders No. 1 and 2 were called and postponed until the next sitting.

Motions

Order No. 1 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Reports of Committees

Consideration of the second report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on the 2004, 10-year Plan to Strengthen Health Care—power to hire staff), presented in the Senate on November 17, 2011.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum, that the report be adopted.

The question being put on the motion, it was adopted.

°    °    °

Consideration of the third report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on Access to Post-Secondary Education in Canada—power to hire staff), presented in the Senate on November 17, 2011.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Patterson, that the report be adopted.

The question being put on the motion, it was adopted.

°    °    °

Order No. 3 was called and postponed until the next sitting.

°    °    °

Consideration of the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), presented in the Senate on November 16, 2011.

The Honourable Senator Smith, P.C. (Cobourg) moved, seconded by the Honourable Senator Cordy that the report be adopted.

After debate,

The Honourable Senator Smith, P.C. (Cobourg) moved, seconded by the Honourable Senator Cordy, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Other

Orders No. 14, 4, 18 and 11 (inquiries) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Banks, calling the attention of the Senate to the importance of Canada's innate national modesty.

After debate,

The Honourable Senator Mitchell 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.

°    °    °

Orders No. 19, 37 (motions), 3 (inquiry), 2 (motion), 7, and 10 (inquiries) were called and postponed until the next sitting.

°    °    °

Order No. 6 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.

MOTIONS

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum:

That the Senate Standing Committee on Social Affairs, Science and Technology be authorized to examine and report on prescription pharmaceuticals in Canada, including but not limited to:

(a) the process to approve prescription pharmaceuticals with a particular focus on clinical trials;

(b) the post-approval monitoring of prescription pharmaceuticals;

(c) the off-label use of prescription pharmaceuticals; and

(d) the nature of unintended consequences in the use of prescription pharmaceuticals.

That the committee submit its final report no later than December 31, 2013, and that the committee retain until March 31, 2014, all powers necessary to publicize its findings.

The question being put on the motion, it was adopted.

°    °    °

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on social inclusion and cohesion in Canada;

That the study be national in scope, and include a focus on solutions, with an emphasis on collaborative strategies involving federal, provincial and municipal governments;

That the papers and evidence received and taken and work accomplished by the Committee on this subject since the beginning of the First Session of the Thirty-Ninth Parliament be referred to the Committee; and

That the Committee submit its final report no later than June 30, 2012, and that the Committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

The question being put on the motion, it was adopted.


At 5:04 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 67, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Banks, to government motion No. 16, of the Honourable Senator Plett, seconded by the Honourable Senator Patterson, concerning the pre-study of Bill C-18.

The question was put on the motion in amendment of the Honourable Senator Banks, seconded by the Honourable Senator Moore, that this motion not now be adopted, but that it be amended by adding:

"and that the committee hold public hearings on the subject matter of Bill C-18 in the Western Canadian communities of Red Deer, Alberta; Swift Current, Saskatchewan; and Portage la Prairie, Manitoba, among others, between the date of the adoption of this motion and December 14, 2011; and

That the committee present its final report no later than December 15, 2011.''.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

Callbeck, Campbell, Chaput, Cordy, Dallaire, Dawson, Downe, Dyck, Fairbairn, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Losier-Cool, Lovelace Nicholas, Mahovlich, Merchant, Mitchell, Moore, Munson, Peterson, Poulin, Ringuette, Robichaud, Sibbeston, Tardif, Zimmer—30

NAYS

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Boisvenu, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Meredith, Mockler, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tkachuk, Verner, Wallace, Wallin—49

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Patterson:

That, in accordance with rule 74(1), the Standing Senate Committee on Agriculture and Forestry be authorized to examine the subject-matter of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, introduced in the House of Commons on October 18, 2011, in advance of the said bill coming before the Senate.

Debate.


Pursuant to rule 13(1), the Speaker left the Chair to resume the same at 8 p.m.

The sitting resumed.

GOVERNMENT BUSINESS

Motions

The Senate resumed debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Patterson:

That, in accordance with rule 74(1), the Standing Senate Committee on Agriculture and Forestry be authorized to examine the subject-matter of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, introduced in the House of Commons on October 18, 2011, in advance of the said bill coming before the Senate.

After debate,

In amendment, the Honourable Senator Chaput moved, seconded by the Honourable Senator Mahovlich, that this motion not now be adopted, but that it be amended by adding:

"and, if the Committee decides to hold hearings on the subject matter of Bill C-18, it give consideration to hearing from all the thirteen current Directors of the Canadian Wheat Board.''.

After debate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report of Canada Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Canada Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No. 1/41-589.

Report of the Canadian Dairy Commission, together with the Auditor General's Report, for the dairy year ended July 31, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/ 41-590.

Agreement for RCMP policing services (First Nations Community Policing Service) for the province of British Columbia and the Nuxalk Nation Council, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-591.

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 8:10 p.m. the Senate was continued until tomorrow at 1:30 p.m.)


Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Dickson replaced the Honourable Senator Boisvenu (November 17, 2011).

Standing Senate Committee on Human Rights

The Honourable Senator Dyck replaced the Honourable Senator Zimmer (November 21, 2011).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Downe replaced the Honourable Senator Day (November 18, 2011).

Standing Senate Committee on National Finance

The Honourable Senator Nolin replaced the Honourable Senator Dickson (November 21, 2011).

The Honourable Senator Dickson replaced the Honourable Senator Frum (November 17, 2011).

Standing Senate Committee on Official Languages

The Honourable Senator Nolin replaced the Honourable Senator Fortin-Duplessis (November 21, 2011).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Callbeck replaced the Honourable Senator Hubley (November 18, 2011).

Standing Senate Committee on Transport and Communications

The Honourable Senator Eaton replaced the Honourable Senator Marshall (November 22, 2011).

The Honourable Senator Marshall replaced the Honourable Senator Eaton (November 22, 2011).