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61 Elizabeth II, A.D. 2012, Canada

Journals of the Senate
(Unrevised)

1st Session, 41st Parliament


Issue 125

Tuesday, December 4, 2012
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mockler, Moore, Munson, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mockler, Moore, Munson, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Notices of Motions

With leave of the Senate,

The Honourable Senator Manning moved, seconded by the Honourable Senator Ataullahjan:

That the Standing Senate Committee on Fisheries and Oceans have the power to sit at 5:00 p.m. on Tuesday, December 4, 2012, even though the Senate may then be sitting, and that Rule 12-18(1) be suspended in relation thereto.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills — Second Reading

Second reading of Bill C-27, An Act to enhance the financial accountability and transparency of First Nations.

The Honourable Senator Patterson moved, seconded by the Honourable Senator Ogilvie, that the bill be read the second time.

After debate,

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas, that further debate on the motion be adjourned until the next sitting.

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

°    °    °

Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Seidman, for the second reading of Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations.

After debate,

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

The bill was then read the second time.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Stratton, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

°    °    °

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

Reports of Committees — Other

Orders No. 1 to 5 were called and postponed until the next sitting.

Inquiries

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

Bills — Third Reading

Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Nolin, for the third reading of Bill S-10, An Act to implement the Convention on Cluster Munitions;

And on the motion in amendment of the Honourable Senator Hubley, seconded by the Honourable Senator Downe, that Bill S-10 be not now read a third time but that it be amended:

(a) in clause 11,

(i) on page 6,

(A) 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

(B) 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

(ii) on page 7,

(A) by replacing lines 4 to 14 with the following:

"that is not a party to the Convention, from receiving, comforting or assisting another'', and

(B) 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.'';

(b) 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.'';

(c) 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.''; and

(d) 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

Callbeck, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Furey, Harb, Jaffer, Joyal, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Moore, Munson, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif, Watt, Zimmer—30

NAYS

The Honourable Senators

Andreychuk, Ataullahjan, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Comeau, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—56

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Nolin, for the third reading of Bill S-10, An Act to implement the Convention on Cluster Munitions.

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 the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

OTHER BUSINESS

Commons Public Bills — Third Reading

Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator White, for the third reading of Bill C-290, An Act to amend the Criminal Code (sports betting).

After debate,

Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Baker, P.C.

°    °    °

Second reading of Bill C-313, An Act to amend the Food and Drugs Act (non-corrective contact lenses).

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Duffy, 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.

Senate Public Bills — Reports of Committees

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

Senate Public Bills — Second Reading

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

°    °    °

Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Hubley, for the second reading of Bill S-211, An Act to amend the Official Languages Act (communications with and services to the public).

After debate,

The Honourable Senator Carignan, for the Honourable Senator Comeau, 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.

°    °    °

Order No. 5 was called and postponed until the next sitting.

Commons Public Bills — Second Reading

Orders No. 1 to 7 were called and postponed until the next sitting.

°    °    °

Second reading of Bill C-370, An Act to amend the Canada National Parks Act (St. Lawrence Islands National Park of Canada).

The Honourable Senator Runciman moved, seconded by the Honourable Senator Seidman, that the bill be read the second time.

After debate,

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

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

Reports of Committees — Other

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

°    °    °

Resuming debate on the motion of the Honourable Senator Ogilvie, seconded by the Honourable Senator Frum, that the fourteenth report (interim) of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: Canada's Clinical Trial Infrastructure: A Prescription for Improved Access to New Medicines, tabled in the Senate on November 1, 2012, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Health being identified as minister responsible for responding to the report.

After debate,

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

°    °    °

Orders No. 4 and 5 were called and postponed until the next sitting.

Motions

Order No. 75 was called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Tardif:

That the Standing Senate Committee on National Finance be authorized to examine and report on the tax consequences of various public and private advocacy activities undertaken by charitable and non-charitable entities in Canada and abroad;

That, in conducting such a study, the Committee take particular note of:

(a) Charitable entities that receive funding from foreign sources;

(b) Corporate entities that claim business deductions against Canadian taxes owing for their advocacy activities, both in Canada and abroad; and

(c) Educational entities that utilize their charitable status to advocate on behalf of the interests of private entities; and

That the Committee submit its final report to the Senate no later than June 30, 2013, and retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

After debate,

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

Callbeck, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Furey, Harb, Hervieux-Payette, Jaffer, Joyal, Lovelace Nicholas, Mercer, Moore, Munson, Ringuette, Rivest, Robichaud, Tardif, Zimmer—27

NAYS

The Honourable Senators

Andreychuk, Ataullahjan, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Comeau, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, McInnis, McIntyre, Meredith, Mockler, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—55

ABSTENTIONS

The Honourable Senators

Nil

°    °    °

Order No. 109 was called and postponed until the next sitting.

Inquiries

Orders No. 19, 3, 44, 37, 18, 45, 59, 35, 9, 58, 50, 22, 40 and 48 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Runciman moved, seconded by the Honourable Senator Wallin:

That, for the purposes of its consideration of Bill S-12, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations and Bill C-36, An Act to amend the Criminal Code (elder abuse), the Standing Senate Committee on Legal and Constitutional Affairs be authorized to meet at 3:30 p.m. on Wednesday, December 5, 2012, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

After debate,

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

°    °    °

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

That the Senate of Canada, alarmed by the lengthy hunger strike of the unlawfully incarcerated human rights lawyer Nasrin Sotoudeh, deplore the treatment she has received at the hands of the government of the Islamic Republic of Iran and urge that she be immediately and unconditionally released.

After debate,

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

INQUIRIES

The Honourable Senator Lovelace Nicholas called the attention of the Senate to the continuing tragedy of missing and murdered Aboriginal Women.

After debate,

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson, that further debate on the inquiry 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 14-1(7):

Copy of Order in Council P.C. 2012-1606 dated November 29, 2012, concerning the Agreement on Social Security between Canada and the Kingdom of Norway, pursuant to the Old Age Security Act, R.S.C 1985, c. O-9, sbs. 42(1).—Sessional Paper No. 1/41-1389.

ADJOURNMENT

The Honourable Senator Carignan moved, seconded by the Honourable Senator Tkachuk:

That the Senate do now adjourn.

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

(Accordingly, at 7:40 p.m. the Senate was continued until tomorrow at 1:30 p.m.)


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Munson replaced the Honourable Senator Campbell (December 3, 2012).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Maltais replaced the Honourable Senator Bellemare (November 29, 2012).

The Honourable Senator Stewart Olsen replaced the Honourable Senator Nancy Ruth (November 29, 2012).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Johnson replaced the Honourable Senator Fortin-Duplessis (November 29, 2012).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Nolin replaced the Honourable Senator Demers (November 29, 2012).

The Honourable Senator Johnson replaced the Honourable Senator Lang (November 29, 2012).

The Honourable Senator Demers replaced the Honourable Senator Nolin (November 29, 2012).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Stewart Olsen replaced the Honourable Senator Frum (November 29, 2012).

Standing Senate Committee on National Finance

The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Dawson (December 3, 2012).

The Honourable Senator Callbeck replaced the Honourable Senator Mitchell (December 3, 2012).

The Honourable Senator Mitchell replaced the Honourable Senator Callbeck (November 29, 2012).

The Honourable Senator Dawson replaced the Honourable Senator Hervieux-Payette, P.C. (November 29, 2012).

Standing Senate Committee on Transport and Communications

The Honourable Senator Mockler replaced the Honourable Senator Housakos (December 4, 2012).