Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 43
Thursday, December 15, 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, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt
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:
Document entitled: Office of the Extractive Sector Corporate Social Responsibility (CSR) Counsellor — 2011 Annual Report to Parliament (October 2010-October 2011).—Sessional Paper No. 1/41-645.
Report of the Aboriginal Healing Foundation, together with the Auditors' Report, for the fiscal year ended March 31, 2011.—Sessional Paper No. 1/41-646.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Wallin, Chair of the Standing Senate Committee on National Security and Defence, tabled its fourth report (interim) entitled: Answering the Call: The Future role of Canada's Primary Reserve.—Sessional Paper No. 1/41-647S.
The Honourable Senator Wallin moved, seconded by the Honourable Senator Gerstein, 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 Meighen presented the following:
Thursday, December 15, 2011
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
SECOND REPORT
Your committee, to which was referred Bill S-5, An Act to amend the law governing financial institutions and to provide for related and consequential matters, has, in obedience to the order of reference of December 6, 2011, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
MICHAEL A. MEIGHEN
Chair
Observations to the Second Report of the
Standing Senate Committee on Banking, Trade and Commerce
The committee urges the Minister to clarify the amended definition of "clearing and settlement system'' in the Payments Clearing and Settlement Act as proposed in S-5 and, specifically, the scope of the term "jurisdiction'' and confirm that it means outside of Canada and outside of a province.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard, 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.
The Honourable Senator Wallace, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its eighth report (Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, without amendment).
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler, that the bill be placed on the Orders of the Day for a third reading at the next sitting of the Senate.
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. 24, dated October 18, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Mitchell, respecting the Government of Canada's proposed regulations for coal-fired electricity plants. —Sessional Paper No. 1/41-648S.
Reply to Question No. 26, dated October 18, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Mitchell, respecting the Government of Canada's proposed regulations to limit greenhouse gas emissions from new on-road heavy-duty vehicles and engines.—Sessional Paper No. 1/41-649S.
Reply to Question No. 28, dated October 18, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Mitchell, respecting the Government of Canada's strategy to regulate greenhouse gas emissions in a sector-by-sector approach.—Sessional Paper No. 1/41-650S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Patterson, for the third reading of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts.
After debate,
The question was put on the motion.
With leave of the Senate, a standing vote was deferred until 5:30 p.m. today, with the bells to sound at 5 p.m. for thirty minutes.
Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Stewart Olsen, for the second reading of Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
DEFERRED VOTE
At 5:30 p.m., pursuant to the Order adopted earlier today, the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Patterson, for the third reading of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Meredith, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Verner, Wallace, Wallin—51
NAYS
The Honourable Senators
Baker, Banks, Callbeck, Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Losier- Cool, Lovelace Nicholas, Mahovlich, Merchant, Mitchell, Moore, Munson, Peterson, Poulin, Poy, Rivest, Robichaud, Tardif—33
ABSTENTIONS
The Honourable Senators
Cools—1
Accordingly, Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts 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.
GOVERNMENT BUSINESS
Bills
Order No. 3 was called and postponed until the next sitting.
Motions
Order No. 23 was withdrawn (Notice of Motion concerning the disposition of Bill C-18).
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Greene, that the third report of the Standing Senate Committee on Aboriginal Peoples, entitled Reforming First Nations Education: From Crisis to Hope, tabled in the Senate on December 7, 2011, be adopted and that, pursuant to Rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Aboriginal Affairs and Northern Development Canada being identified as Minister responsible for responding to the report.
After debate,
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Braley, seconded by the Honourable Senator Ataullahjan, for the adoption of the second report of the Standing Committee on Rules, Procedures and the Rights of Parliament, (Amendment to the Rules of the Senate, relating to leaves of absence and suspensions), presented in the Senate on November 29, 2011.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Poy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Consideration of the third report of the Standing Senate Committee on Human Rights, entitled The Sexual Exploitation of Children in Canada: the Need for National Action, tabled in the Senate on November 23, 2011.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Chaput:
That the third report of the Standing Senate Committee on Human Rights, entitled The Sexual Exploitation of Children in Canada: the Need for National Action, tabled in the Senate on Wednesday, November 23, 2011, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Justice and Attorney General of Canada being identified as the minister responsible for responding to the report.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Day:
That the Senate agree that suicide is more than a personal tragedy, but is also a serious public health issue and public policy priority; and, further, that the Senate urge the government to work cooperatively with the provinces, territories, representative organizations from First Nations, Inuit, and Métis people, and other stakeholders to establish and fund a National Suicide Prevention Strategy, which among other measures would promote a comprehensive and evidence-driven approach to deal with this terrible loss of life.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 56 (motion), 3, 20, 23, 17 (inquiries), 2 (motion), 8 and 16 (inquiries) were called and postponed until the next sitting.
WRITTEN DECLARATION OF ROYAL ASSENT
At 6:44 p.m., the Honourable the Speaker Pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
December 15, 2011
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 bill listed in the Schedule to this letter on the 15th day of December, 2011, at 6:17 p.m.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, December 15, 2011
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2012 (Bill C-29, Chapter 23, 2011)
An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 and other measures (Bill C- 13, Chapter 24, 2011)
An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts (Bill C-18, Chapter 25, 2011)
OTHER BUSINESS
Other
Orders No. 14, 18, 11 (inquiries) and 19 (motion) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Mitchell called the attention of the Senate to the need for a new call to action on climate change.
After debate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Day, 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 Ogilvie moved, seconded by the Honourable Senator Wallace:
That the Standing Senate Committee on Social Affairs, Science and Technology be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate the final report relating to its study on the accessibility of post- secondary education in Canada, before December 31, 2011, if the Senate is not then sitting and that the report be deemed to have been tabled in the Senate.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for 2010-2011 to 2014-2015 and of the Operating and Capital Budgets for 2010- 2011 of Atomic Energy of Canada Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-642.
Summaries of the Corporate Plan for 2011-2012 to 2015-2016 and of the Operating and Capital Budgets for 2011- 2012 of Atomic Energy of Canada Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-643.
Corporate Business Plan for 2011-2012 of the Canadian Food Inspection Agency, pursuant to the Canadian Food Inspection Agency Act, S.C. 1997, c. 6, s. 22.—Sessional Paper No. 1/41-644.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:51 p.m. the Senate was continued until 9 a.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Harb (December 15, 2011).
The Honourable Senator Losier-Cool replaced the Honourable Senator Ringuette (December 14, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Mercer replaced the Honourable Senator Baker, P.C. (December 15, 2011).
The Honourable Senator Baker, P.C., replaced the Honourable Senator Mercer (December 15, 2011).
The Honourable Senator Lang replaced the Honourable Senator Neufeld (December 15, 2011).
The Honourable Senator Mercer replaced the Honourable Senator Baker, P.C. (December 14, 2011).
The Honourable Senator Neufeld replaced the Honourable Senator Lang (December 14, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Plett replaced the Honourable Senator Finley (December 15, 2011).
The Honourable Senator Manning replaced the Honourable Senator Patterson (December 15, 2011).