Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 30
Thursday, November 17, 2011
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Peterson, Plett, Poirier, Poy, Raine, Rivard, Rivest, Robichaud, Runciman, Segal, 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, Banks, Boisvenu, Braley, Brazeau, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Peterson, Plett, Poirier, Poy, Raine, *Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, 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 the Speaker tabled the following:
Annual Report of the Office of the Privacy Commissioner of Canada for the year ended March 31, 2011, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, s. 38.—Sessional Paper No. 1/41-584.
The Honourable Senator Carignan tabled the following:
Annual Report of the President of the Treasury Board of Canada, entitled Canada's Performance—The Year in Review, for the year 2010-2011.—Sessional Paper No. 1/41-585.
Departmental Performance Reports for the fiscal year ended March 31, 2011:
Agriculture and Agri-Food Canada
Assisted Human Reproduction Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Industrial Relations Board
Canada Revenue Agency
Canada School of Public Service
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Forces Grievance Board
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Northern Economic Development Agency
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Commission for Public Complaints Against the Royal Canadian Mounted Police
Copyright Board of Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Foreign Affairs and International Trade
Department of Justice Canada
Economic Development Agency of Canada for the Regions of Quebec
Federal Economic Development Agency for Southern Ontario
Environment Canada
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Hazardous Materials Information Review Commission Canada
Health Canada
Human Resources and Skills Development Canada
Immigration and Refugee Board of Canada
Aboriginal Affairs and Northern Development Canada and Canadian Polar Commission
Indian Residential Schools Truth and Reconciliation Commission Secretariat
Industry Canada
Infrastructure Canada
Library and Archives Canada
Military Police Complaints Commission of Canada
National Defence
National Energy Board
National Film Board
National Parole Board
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs Canada
Office of the Commissioner of Lobbying Canada
Office of the Commissioner of Official Languages
Office of the Communications Security Establishment Commissioner
Offices of the Information Commissioners of Canada
Offices of the Privacy Commissioners of Canada
Office of the Superintendent of Financial Institutions Canada
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Appointments Commission Secretariat
Public Health Agency of Canada
Public Prosecution Service of Canada
Public Safety and Emergency Preparedness Canada
Public Sector Integrity Canada
Public Servants Disclosure Protection Tribunal Canada
Public Service Commission of Canada
Public Service Labour Relations Board
Public Service Staffing Tribunal
Public Works and Government Services Canada
RCMP External Review Committee
Registry of the Competition Tribunal
Registry of the Specific Claims Tribunal of Canada
Royal Canadian Mounted Police
Security Intelligence Review Committee
Social Sciences and Humanities Research Council of Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
The Correctional Investigator Canada
The National Battlefields Commission
Transport Canada
Transportation Appeal Tribunal of Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Western Economic Diversification Canada. —Sessional Paper No. 1/41-586.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its second report (budget—study on the 2004, 10-Year Plan to Strengthen Health Care—power to hire staff).
(The report is printed as appendix "A'' at pages 628-633.)
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum, 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.
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its third report (budget—study on Access to Post-Secondary Education in Canada—power to hire staff).
(The report is printed as appendix "B'' at pages 634-639.)
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Patterson, 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.
The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its third report (Report submitted pursuant to the International Travel Guidelines).—Sessional Paper No. 1/41-587S.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That when the Senate adjourns today, it do stand adjourned until Tuesday, November 22, 2011, at 2 p.m.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 7, dated June 7, 2011 appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Callbeck, respecting the Canada Student Loans Program.—Sessional Paper No. 1/41-588S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of 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.
The Honourable Senator Patterson moved, seconded by the Honourable Senator Ogilvie, 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 Patterson moved, seconded by the Honourable Senator Plett, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
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
Orders No. 17 and 1 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Cowan, for the second reading of Bill S-203, An Act to modernize the composition of the boards of directors of certain corporations, financial institutions and parent Crown corporations, and in particular to ensure the balanced representation of women and men on those boards.
After debate,
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Eggleton, P.C., 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 Cordy, seconded by the Honourable Senator Peterson, for the second reading of Bill S-204, An Act to establish a national strategy for chronic cerebrospinal venous insufficiency (CCSVI).
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Carignan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the second report of the Standing Committee on Internal Economy, Budgets and Administration (committee budgets—legislation), presented in the Senate on October 27, 2011.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Lang, 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.
Other
Orders No. 11, 16 (inquiries), 19 and 37 (motions) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Cowan, calling the attention of the Senate to the remarkable record of public service of our former colleague, the Honourable Lowell Murray, P.C., who served with us in this chamber for 32 years before his retirement on September 26, 2011.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Banks, moved, seconded by the Honourable Senator Cowan, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 (inquiry), 2 (motion) and 7 (inquiry), were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Jaffer,g calling the attention of the Senate to the deteriorating human rights situation of the Baha'i people in Iran.
After debate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 10 and 6 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Robichaud, P.C., called the attention of the Senate to the issue of poverty in Canada—an issue that is always current and continues to have devastating effects.
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Tardif, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mitchell:
That the Standing Senate Committee on Official Languages be authorized to examine and report on CBC/Radio- Canada's obligations under the Official Languages Act and some aspects of the Broadcasting Act; and
That the committee report from time to time to the Senate but no later than October 31, 2012, and that the committee retain all powers necessary to publicize its findings until December 31, 2012.
After debate,
The question being put on the motion, it was adopted.
At 3:59 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 Peterson, 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 Peterson, seconded by the Honourable Senator Cordy, that this motion not now be adopted, but that it be amended by adding:
"and that the Standing Senate Committee on Agriculture and Forestry hold public hearings on the subject matter of Bill C-18 in the provinces of Alberta, Saskatchewan and Manitoba between the date of the adoption of this motion and December 16, 2011.''.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Banks, Campbell, Chaput, Cools, Cowan, Dallaire, Day, De Bané, Eggleton, Fairbairn, Fraser, Harb, Hervieux-Payette, Hubley, Losier-Cool, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Peterson, Poulin, Robichaud, Sibbeston, Tardif
Zimmer—27
NAYS
The Honourable Senators
Andreychuk, Angus, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Housakos, Johnson, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Meredith, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, 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.
After debate,
In amendment, the Honourable Senator Banks moved, 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.''.
After debate,
The question was put on the motion in amendment.
Pursuant to rule 67(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.
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 5:47 p.m. the Senate was continued until Tuesday, November 22, 2011 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Stewart Olsen replaced the Honourable Senator Eaton (November 16, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Boisvenu replaced the Honourable Senator Dickson (November 16, 2011).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Day replaced the Honourable Senator Downe (November 16, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Martin replaced the Honourable Senator Meighen (November 16, 2011).
The Honourable Senator Dyck replaced the Honourable Senator Peterson (November 16, 2011).
The Honourable Senator Peterson replaced the Honourable Senator Dyck (November 16, 2011).