Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 93
Tuesday, June 19, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Angus, Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Di Nino, Downe, Doyle, Duffy, Eaton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Wallace, Wallin, Watt, White
The Members in attendance to business were:
The Honourable Senators
Angus, Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Di Nino, Downe, Doyle, Duffy, Eaton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Wallace, Wallin, Watt, White
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
Tributes
Tribute was paid to the Honourable Senator Cochrane, who will retire from the Senate on September 23, 2012.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Segal, Chair of the Special Senate Committee on Anti-terrorism, presented its third report (Bill S-9, An Act to amend the Criminal Code, with an amendment and observations).
(The report is printed as an appendix.)
The Honourable Senator Segal moved, seconded by the Honourable Senator Fortin-Duplessis, that the report be placed on the Orders of the Day for consideration two days hence.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Di Nino tabled the following:
Report of the Canadian Delegation to the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the Economic Conference of the OSCE, held in Batumi, Georgia, from May 12 to 14, 2012.—Sessional Paper No. 1/41-978.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 3 were 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 to 3 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Eaton, for the adoption of the first report of the Committee of the Whole (First report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), with amendments), presented in the Senate on June 13, 2012;
And on the motion in amendment of the Honourable Senator Carignan, seconded by the Honourable Senator Marshall, that the report be not now adopted but that it be amended
(a) by adding the following new recommendation number 4:
''4. Replace the French text of rule 4-11(3), at page 42 of the First Appendix of the report (page 458 of the Journals of the Senate), with the following:
''Rappels au Règlement et questions de privilège non permis au cours des affaires courantes et la période des questions
4-11. (3) Les rappels au Règlement et les questions de privilège sont irrecevables au cours des affaires courantes et de la période des questions.''; and
(b) by renumbering current recommendations 4 to 16 in the report as recommendations 5 to 17.
After debate,
The question being put on the motion in amendment, it was adopted.
The Senate resumed debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Eaton, for the adoption of the first report of the Committee of the Whole (First report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), with amendments), presented in the Senate on June 13, 2012, as amended.
After debate,
In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Mitchell, that the motion for the adoption of the First Report of the Committee of the Whole be not now adopted, but that it be amended, by deleting all the words after the word ''That'' and substituting the following therefor:
''the Senate declines to proceed with further consideration of the First Report of the Committee of the Whole (First report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), with amendments), presented in the Senate on June 13, 2012, and the First Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), presented in the Senate on November 16, 2011, for the reasons that:
(a) the motion is inconsistent with the law and custom of Parliament and would have considerable impact on the privileges of the Senate and those of all Senators;
(b) the motion arises from actions in excess of the delegated authority of the Standing Committee on Rules, Procedures and the Rights of Parliament under sub-paragraph 86(1)(d)(i) of the Rules, since the substantive changes in the mass repeal and replacement of all the Rules of the Senate were made by a committee that met primarily in camera, while empowered only to propose amendments to the Rules of the Senate from time to time on its own initiative, whereas the repeal and replacement of all the Rules of the Senate cannot be such an amendment to the Rules of the Senate and are therefore a departure from the Committee's custodial responsibility to the Senate and all Senators; and
(c) the Committee of the Whole did not proceed in a flexible and appropriate manner to ensure due consultation of all Senators before being asked to decide on the work itself, and thereby failed to address the concerns raised by the Speaker's Ruling of April 25, 2012, specifically, whether the First Report of the Standing Committee on Rules, Procedures and the Rights of Parliament was too far-reaching and exceeded the Committee's authority.''.
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question then being put on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Eaton, for the adoption of the first report of the Committee of the Whole (First report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), with amendments), presented in the Senate on June 13, 2012, as amended, it was adopted.
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
Other
Orders No. 83, 81 (motions), 27 and 40 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Dallaire, calling the attention of the Senate to Canada's continued lack of commitment to the prevention and elimination of mass atrocity crimes, and further calling on the Senate to follow the recommendation of the United Nations Secretary General in making 2012 the year of prevention of mass atrocity crimes.
After debate,
The Honourable Senator Dallaire 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.
° ° °
Orders No. 43, 48 (inquiries), 75 (motion), 47 (inquiry), 19 (motion), 38, 29, 30, 3, 11, 19, 37, 9, 18, 22, 32, 44, 45, 35, 25 and 42 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino:
That, notwithstanding the orders of the Senate adopted on Tuesday, January 31, 2012, and Tuesday, May 15, 2012, the date for the final report of the Standing Senate Committee on Banking, Trade and Commerce in relation to its review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17) be further extended from June 21, 2012, to June 29, 2012.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on operations under the Cultural Property Export and Import Act for the fiscal year ended March 31, 2011, pursuant to the Act, R.S.C. 1985, c. C-51, s. 52.—Sessional Paper No. 1/41-971.
Summaries of the Corporate Plan for 2012-2013 to 2016-2017 and of the Operating and Capital Budgets for 2012- 2013 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-972.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2012-2013 to 2016-2017 of the Canadian Museum of Civilization Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-973.
Summaries of the Corporate Plan for 2012-2013 to 2016-2017 and of the Operating and Capital Budgets for 2012- 2013 of the National Gallery of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-974.
Summaries of the Corporate Plan and Operating and Capital Budgets for 2012-2013 to 2016-2017 of the Canadian Museum of Immigration at Pier 21, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-975.
Reports of the Canada Revenue Agency for the fiscal year ended March 31, 2012, 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. 1/41-976.
Reports of the Federal Economic Development Agency for Southern Ontario for the fiscal year ended March 31, 2012, 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. 1/41-977.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:55 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
_________
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on Anti-terrorism
The Honourable Senator Andreychuk replaced the Honourable Senator Buth (June 19, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Unger replaced the Honourable Senator Oliver (June 19, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Wallace replaced the Honourable Senator Finley (June 19, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Nolin (June 19, 2012).
The Honourable Senator Nolin replaced the Honourable Senator Champagne, P.C. (June 18, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Eaton replaced the Honourable Senator Demers (June 19, 2012).
The Honourable Senator Demers replaced the Honourable Senator Lang (June 19, 2012).
The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Munson (June 18, 2012).
The Honourable Senator Lang replaced the Honourable Senator Demers (June 18, 2012).
The Honourable Senator Munson replaced the Honourable Senator Eggleton, P.C. (June 18, 2012).
The Honourable Senator Jaffer replaced the Honourable Senator Dyck (June 18, 2012).