Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 16
Tuesday, October 4, 2011
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer
The first list records senators present in the Senate Chamber during the course of the sitting.
An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Carignan tabled the following:
2010 Annual Report of Activities by the Global Centre for Pluralism.—Sessional Paper No. 1/41-464.
Corporate Plan 2011 of the Global Centre for Pluralism. —Sessional Paper No. 1/41-465.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Poulin presented the following:
Tuesday, October 4, 2011
The Standing Joint Committee on the Library of Parliament has the honour to present its
FIRST REPORT
Your committee recommends to the Senate that it be authorized to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament, and that it be authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the governance of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein.
Your committee recommends:
(a) that its quorum be fixed at six members, provided that each House is represented, and a member from the opposition and a member from the government are present, whenever a vote, resolution or other decision is taken; and
(b) that the joint chairs be authorized to hold meetings to receive evidence and to have that evidence published when a quorum is not present, provided that at least three members are present, including a member from the opposition and a member from the government, provided that each House is represented.
Your committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.
Your committee, which was authorized by the Senate to incur expenses, reports, pursuant to Rule 104 of the Rules of the Senate, that the expenses of the committee (Senate portion) during the Third Session Session of the Fortieth Parliament were as follows:
Professional and Other Services $ —
Transport and Communications —
All Other Expenses —
TOTAL $ —
A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled in the House of Commons.
Respectfully submitted,
MARIE-P. POULIN (CHARETTE)
Joint Chair
The Honourable Senator Poulin moved, seconded by the Honourable Senator Cordy, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Munson presented a Bill S-206, An Act respecting World Autism Awareness Day.
The bill was read the first time.
The Honourable Senator Munson moved, seconded by the Honourable Senator Mercer, 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Mitchell:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5 p.m. on Tuesday, October 4, 2011, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Champagne, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Poulin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-3, A third Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.
The Honourable Senator Angus moved, seconded by the Honourable Senator Lang, that the bill be read the second time.
After debate,
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Poulin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator LeBreton, P.C.:
That, during the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 5(1)(a);
(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned;
(c) when the Senate sits past 4 p.m. on a Wednesday, committees scheduled to meet be authorized to do so, even if the Senate is then sitting, with the application of rule 95(4) being suspended in relation thereto; and
(d) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan:
That the question be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for consideration and report.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Chaput, Cools, Cordy, Cowan, Dawson, Day, Dyck, Eggleton, Fairbairn, Fraser, Harb, Hubley, Joyal, Losier-Cool, Lovelace Nicholas, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Peterson, Poulin, Ringuette, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Zimmer—30
NAYS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Meredith, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tkachuk, Verner, Wallace, Wallin—50
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator LeBreton, P.C.:
That, during the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 5(1)(a);
(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned;
(c) when the Senate sits past 4 p.m. on a Wednesday, committees scheduled to meet be authorized to do so, even if the Senate is then sitting, with the application of rule 95(4) being suspended in relation thereto; and
(d) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended;
And on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Cowan:
That the question be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for consideration and report.
After debate,
The question was put on the motion.
Pursuant to rule 67(2), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Other
Orders No. 32 (motion), 6, 4 and 2 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the provisions and operation of the Act to amend the Criminal Code (production of records in sexual offence proceedings), S.C. 1997, c. 30;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Third Session of the Fortieth Parliament be referred to the committee; and
That the committee report to the Senate no later than June 30, 2012 and retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of Farm Credit Canada for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-445.
Reports of the Department of Agriculture and Agri-Food for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41- 446.
Reports of the National Farm Products Council for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-447.
Reports of the Canadian Grain Commission for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-448.
Reports of the Canadian Dairy Commission for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-449.
Reports of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-450.
Reports of the Office of the Superintendent of Financial Institutions for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-451.
Reports of the Bank of Canada for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-452.
Reports of the Canada Deposit Insurance Corporation for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41- 453.
Reports of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-454.
Report of the Freshwater Fish Marketing Corporation for the year ended April 30, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-455.
Report of the President of the Treasury Board for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-456.
Report of the First Nations Lands Advisory Board for the fiscal year ended March 31, 2011, pursuant to section 41.2 of the Framework Agreement on First Nation Land Management, as ratified by the First Nations Land Management Act, S.C. 1999, c. 24, sbs. 4(1).—Sessional Paper No. 1/41-457.
Reports of the First Nations Statistical Institute, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-458.
Report of Atomic Energy of Canada Limited for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-459.
Report of the Canadian Dairy Commission for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-460.
Summaries of the Corporate Plan for the period 2011-2012 to 2015-2016 and of the Operating and Capital Budgets of the Canadian Dairy Commission for the dairy year ending July 31, 2012, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-461.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Alberta and the Duncan's First Nation, Bigstone Cree Nation, Ermineskin Tribe, Montana First Nation and Samson Cree Nation and the Stoney Nakoda First Nation, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R- 10, sbs. 20(5).—Sessional Paper No. 1/41-462.
Report on the Government of Canada's Official Development Assistance for the fiscal year ended March 31, 2011, pursuant to the Official Development Assistance Accountability Act, S.C. 2008, c. 17, s. 5.—Sessional Paper No. 1/41- 463.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:54 p.m. the Senate was continued until 2 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Moore replaced the Honourable Senator Campbell (September 30, 2011).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Nolin replaced the Honourable Senator Plett (October 3, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Mahovlich replaced the Honourable Senator Banks (October 4, 2011).
The Honourable Senator Nolin replaced the Honourable Senator Johnson (October 4, 2011).
The Honourable Senator Banks replaced the Honourable Senator Kenny (September 29, 2011).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Segal replaced the Honourable Senator Smith (Saurel) (September 30, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Banks replaced the Honourable Senator Munson (September 29, 2011).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Poy replaced the Honourable Senator Munson (September 29, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Plett replaced the Honourable Senator Segal (October 4, 2011).
The Honourable Senator Segal replaced the Honourable Senator Finley (October 3, 2011).
The Honourable Senator Dawson replaced the Honourable Senator Peterson (October 3, 2011).
The Honourable Senator Finley replaced the Honourable Senator Plett (October 3, 2011).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Nolin replaced the Honourable Senator Duffy (October 4, 2011).
The Honourable Senator Chaput replaced the Honourable Senator Furey (September 30, 2011).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Frum replaced the Honourable Senator Rivard (September 30, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Dyck replaced the Honourable Senator Hubley (September 29, 2011).