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Journals of the Senate

61 Elizabeth II, A.D. 2012, Canada

Journals of the Senate

1st Session, 41st Parliament


Issue 73

Tuesday, May 1, 2012
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, Buth, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, 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, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, 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 Comeau tabled the following:

Copy of the Regulations amending the Special Economic Measures (Burma) Regulations (P.C. 2012-524), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1). —Sessional Paper No. 1/41-850.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-26, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons), to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Mockler, 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.

First Reading of Commons Public Bills

A message was brought from the House of Commons with a Bill C-310, An Act to amend the Criminal Code (trafficking in persons), to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace, 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 Champagne, P.C., tabled the following:

Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie respecting its participation at the Conference of Branch Chairs of the America, the Steering Committee of the Network of Women Parliamentarians, the Education, Communication and Cultural Affairs Committee, and the Inter-Parliamentary Conference on the Diversity of Cultural Expressions, held in Québec City, Quebec, from January 30 to February 3, 2011.—Sessional Paper No. 1/41-851.

Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the meeting of the Political Committee of the APF, held in Lomé, Togo, from March 14 to 16, 2012.—Sessional Paper No. 1/41-852.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Second reading of Bill S-10, An Act to implement the Convention on Cluster Munitions.

The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Demers, that the bill be read the second time.

After debate,

The Honourable Senator Hubley 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.

°    °    °

Order No. 2 was called and postponed until the next sitting.

Inquiries

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

OTHER BUSINESS

Senate Public Bills

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

Commons Public Bills

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

Private Bills

Third reading of Bill S-1003, An Act to authorize Industrial Alliance Pacific Insurance and Financial Services Inc. to apply to be continued as a body corporate under the laws of Quebec.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Ogilvie, that the bill be read the third time.

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

The bill was then read the third time and passed.

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.

Reports of Committees

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

°    °    °

Consideration of the third report of the Standing Committee on Conflict of Interest for Senators (amendment to the Conflict of Interest Code for Senators), presented in the Senate on March 29, 2012.

The Honourable Senator Stratton moved, seconded by the Honourable Senator Andreychuk, that the report be adopted.

After debate,

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

—————

Ordered, That Order No. 1, be again called.

Consideration of the fifth report of the Standing Senate Committee on Aboriginal Peoples (budget—study on the evolving legal and political recognition of the collective identity and rights of Métis in Canada—power to hire staff and to travel), presented in the Senate on April 26, 2012.

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

After debate,

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

°    °    °

Resuming debate on the motion of the Honourable Senator Ogilvie, seconded by the Honourable Senator Patterson, that the seventh report of the Standing Senate Committee on Social Affairs, Science and Technology entitled: Time for Transformative Change: A Review of the 2004 Health Accord, tabled in the Senate on March 27, 2012, be adopted and that, pursuant to rule 131(2), 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.

°    °    °

Order No. 6 was called and postponed until the next sitting.

Other

Orders No. 27, 20, 35, 41 (inquiries), 81 (motion) and 39 (inquiry) 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 30th Anniversary of the Canadian Charter of Rights and Freedoms, which has done so much to build pride in our country and our national identity.

After debate,

Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Andreychuk.

°    °    °

Orders No. 25 (inquiry), 61 (motion), 3 (inquiry), 19 (motion), 32, 38, 33, 29, 11 and 19 (inquiries) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Robichaud, P.C., calling the attention of the Senate to the 2009 poverty reduction strategy of New Brunswick.

After debate,

Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Tardif.

°    °    °

Orders No. 30, 18, 22, 9 and 34 (inquiries) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Champagne, P.C., calling the attention of the Senate to euthanasia and assisted suicide.

Debate concluded.

MOTIONS

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:

That the Standing Committee on Internal Economy, Budgets and Administration be authorized to examine and report on the powers and responsibilities of the officers of parliament, and their reporting relationships to the two houses; and

That the committee present is final report no later than March 31, 2013.

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.

With leave of the Senate,

The Honourable Senator Comeau tabled the following:

Copy of a letter to the Honourable Peter Milliken, M.P., et al, dated February 16, 2011, signed by the Agents of Parliament, concerning the Accountability of Agents of Parliament. —Sessional Paper No. 1/41-853S.

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

Report of Export Development Canada, together with the Auditor General's Report, for the year ended December 31, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41- 831.

Amendments to the Management Plan for Grand-Pré National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(2).—Sessional Paper No. 1/41-832.

Report of the Atlantic Pilotage Authority, together with the Auditor General's Report, for the year 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-833.

Report of the Laurentian Pilotage Authority, together with the Auditor General's Report, for the year 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-834.

Report of the Great Lakes Pilotage Authority, together with the Auditor General's Report, for the year ended December 31, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-835.

Report of the Pacific Pilotage Authority, together with the Auditor General's Report, for the year 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-836.

Report on the administration of the Canadian Forces Superannuation Act, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Act, R.S.C. 1985, c. C-17, ss. 57, 59.7 and 72.—Sessional Paper No. 1/41-837.

Report of the Military Police Complaints Commission for the year 2011, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 250.17.—Sessional Paper No. 1/41-838.

Report of the Canadian Forces Grievance Board for the year 2011, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 29.28(2).—Sessional Paper No. 1/41-839.

Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Saskatchewan, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-840.

Agreement for RCMP policing services made between Canada and the province of Newfoundland and Labrador, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-841.

Agreements for RCMP policing services made between Canada and the Codiac Regional Policing Authority, and the Municipality of Saint Andrews, New Brunswick, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-842.

Agreements for RCMP policing services made between Canada and the province of Manitoba, and the Municipalities of Boissevain, Flin Flon, Souris and Steinbach, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-843.

Agreements for RCMP policing services made between Canada and the Municipalities of Humboldt, Martensville, Melfort, North Battleford, Swift Current and Yorkton, Saskatchewan, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-844.

Agreements for RCMP policing services made between Canada and the Municipalities of Beaumont, Drumheller, Edson, Hinton, Leduc, Morinville, Rocky Mountain House, Olds, Slave Lake and Wood Buffalo, Alberta, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 1/41-845.

Agreement for RCMP policing services made between Canada and the Yukon Territory, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-846.

Agreements for RCMP policing services made between Canada and the Northwest Territories, and the Territory of Nunavut, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-847.

Copy of Order in Council P.C. 2012-537 dated April 26, 2012, concerning the Agreement on Social Security between Canada and the Federative Republic of Brazil, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).—Sessional Paper No. 1/41-848.

Report of the Canada Post Corporation, together with the Auditor General's Report, for the year ended December 31, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41- 849.

ADJOURNMENT

The Honourable Senator Comeau 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 4:40 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 Agriculture and Forestry

The Honourable Senator Duffy replaced the Honourable Senator Nolin (April 26, 2012).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Stratton replaced the Honourable Senator Patterson (April 26, 2012).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Munson replaced the Honourable Senator Tardif (April 30, 2012).

The Honourable Senator Di Nino replaced the Honourable Senator Seth (April 26, 2012).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Fraser replaced the Honourable Senator Dawson (April 30, 2012).

The Honourable Senator Wallace replaced the Honourable Senator Rivard (April 26, 2012).

The Honourable Senator Rivard replaced the Honourable Senator Wallace (April 26, 2012).

Standing Senate Committee on Official Languages

The Honourable Senator Mockler replaced the Honourable Senator Comeau (April 30, 2012).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Housakos replaced the Honourable Senator Dagenais (April 26, 2012).


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