Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 95
Thursday, June 21, 2012
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Angus, Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Campbell, Carignan, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, 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, Verner, Wallace, Wallin, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Angus, Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Campbell, Carignan, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, 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, 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 the Speaker tabled the following:
Reports of the Office of the Information Commissioner of Canada 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. 1/41-994.
Report of the Conflict of Interest and Ethics Commissioner on the performance of her duties and functions under the Conflict of Interest Act in relation to public office holders, for the fiscal year ended March 31, 2012, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, par. 90(1)(b).—Sessional Paper No. 1/41-995.
° ° °
The Honourable Senator Carignan tabled the following:
Copy of the Regulations Amending the Regulations Implementing the United Nations Resolutions on Somalia, (P.C. 2012-766), pursuant to the United Nations Act, R.S.C., 1985, c. U-2, s. 4.—Sessional Paper No. 1/41-996.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Dawson, Chair of the Standing Senate Committee on Transport and Communications, presented its sixth report (supplementary budget—study on emerging issues related to the Canadian airline industry).
(The report is printed as Appendix ''A'' at pages 1454-1461.)
The Honourable Senator Dawson moved, seconded by the Honourable Senator Moore, 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 presented the following:
Thursday, June 21, 2012
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
THIRTEENTH REPORT
Your committee, to which was referred Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, has, in obedience to the order of reference of Wednesday, June 13, 2012, examined the said bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
KELVIN K. OGILVIE
Chair
Observations to the Thirteenth Report of the Standing Senate Committee on Social Affairs, Science and Technology
These are observations in regards to Clause 58 of Bill C-31 which will add section 109.1 to the Immigration and Refugee Protection Act.
The Committee emphasizes the importance that the gender guidelines issued by the Immigration and Refugee Board of Canada continue to be applied to refugee claims from designated countries of origin.
The Committee encourages the Immigration and Refugee Board of Canada to develop guidelines related to the LGBT communities.
The Committee encourages the Minister and the Immigration and Refugee Board of Canada to take into consideration the special situation of minorities within the country of origin.
The Honourable Senator Martin moved, seconded by the Honourable Senator Raine, 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 Gerstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its fourth report (Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, without amendment).
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, 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 Patterson, on behalf of the Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its seventh report (Supplementary budget—study on evolving legal and political recognition of the collective identity and rights of Métis in Canada).
(The report is printed as Appendix ''B'' at pages 1462-1467.)
The Honourable Senator Patterson moved, seconded by the Honourable Senator Ogilvie, 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 Wallin, Chair of the Standing Senate Committee on National Security and Defence, presented its seventh report (budget—study on Canada's east coast and west coast navy and air force bases—power to travel).
(The report is printed as Appendix ''C'' at pages 1468-1475.)
The Honourable Senator Wallin moved, seconded by the Honourable Senator Raine, that the report be placed on the Orders of the Day for consideration at the next sitting of the Senate.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled its fifteenth report (Proposed Firearms Information Regulations (Non-Restricted Firearms)).—Sessional Paper No. 1/41-997S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator Finley, for the second reading of Bill C-11, An Act to amend the Copyright Act.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That, pursuant to rule 39, not more than a further six hours of debate be allocated for consideration at second reading stage of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures;
That when debate comes to an end or when the time provided for the debate has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the second reading stage of the said Bill; and
That any recorded vote or votes on the said question shall be taken in accordance with rule 39(4).
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Angus, Ataullahjan, Boisvenu, Braley, Brown, Buth, Carignan, Cochrane, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—52
NAYS
The Honourable Senators
Baker, Campbell, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Eggleton, Fairbairn, Fraser, Harb, Hervieux-Payette, Hubley, Jaffer, Lovelace Nicholas, Massicotte, McCoy, Mercer, Mitchell, Moore, Munson, Peterson, Ringuette, Rivest, Robichaud, Tardif, Zimmer—30
ABSTENTIONS
The Honourable Senators
Nil
Bills
Resuming debate on the motion of the Honourable Senator Buth, seconded by the Honourable Senator White, for the second reading of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.
After debate,
The question was put on the motion.
With leave of the Senate and notwithstanding rule 39(4), a standing vote was requested, with the bells to ring for thirty minutes.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Angus, Ataullahjan, Boisvenu, Braley, Brown, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—50
NAYS
The Honourable Senators
Campbell, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Eggleton, Fraser, Harb, Hervieux-Payette, Hubley, Jaffer, Lovelace Nicholas, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Tardif, Zimmer—26
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, the Bill C-38 was read the second time.
The Honourable Senator Buth moved, seconded by the Honourable Senator Doyle, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted, on division.
Reports of Committees
Consideration of the third report of the Special Senate Committee on Anti-terrorism (Bill S-9, An Act to amend the Criminal Code, with an amendment and observations), presented in the Senate on June 19, 2012.
The Honourable Senator Segal moved, seconded by the Honourable Senator Brown, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Segal moved, seconded by the Honourable Senator Brown, that the bill, as amended, 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.
Bills
Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Demers, for the second reading of Bill S-10, An Act to implement the Convention on Cluster Munitions.
After debate,
The Honourable Senator Dallaire 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 adopted.
Reports of Committees
Order No. 2 was called and postponed until the next sitting.
Bills
Order No. 3 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 to 3 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Other
Orders No. 41 (inquiry), 83, 81 (motions), 27, 40, 43, 48 (inquiries), 75 (motion), 47 (inquiry), 19 (motion), 38, 29, 30, 3, 11, 19, 37, 9, 18, 22, 32, 44, 45 and 35 (inquiries) were called and postponed until the next sitting.
° ° °
Orders No. 25 and 42 (inquiries) were called and pursuant to rule 27(3) were dropped from the Order Paper.
INQUIRIES
The Honourable Senator Mitchell called the attention of the Senate to how the allegations of sexual harassment and harassment generally can be better handled in the RCMP.
After debate,
The Honourable Senator Wallin moved, seconded by the Honourable Senator Raine, 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 Frum:
That notwithstanding the Order of the Senate adopted on November 22, 2011, the date for the presentation of the final report by the Standing Senate Committee on Social Affairs, Science and Technology on social inclusion and cohesion in Canada, be extended from June 30, 2012 to December 31, 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 of the Patented Medicine Prices Review Board for the year ended December 31, 2011, pursuant to the Patent Act, R.S.C., 1985, c. P-4, sbs. 89(4) and 100(4). —Sessional Paper No. 1/41-989.
Reports of the Hazardous Materials Information Review Commission 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. 1/41-990.
Actuarial Report (including certification of assets) on the Public Service Death Benefit Account as at March 31, 2011, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, sbs. 59(1).—Sessional Paper No. 1/41- 991.
Report of Export Development Canada for the fiscal year ended March 31, 2012, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-992.
Report on the Employment Equity Act (Labour) for the year 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 1/41-993.
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 9:38 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 Aboriginal Peoples
The Honourable Senator Demers replaced the Honourable Senator Wallace (June 21, 2012).
The Honourable Senator Wallace replaced the Honourable Senator Demers (June 20, 2012).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Seth replaced the Honourable Senator Eaton (June 20, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Patterson (June 21, 2012).
The Honourable Senator Moore replaced the Honourable Senator Eggleton, P.C. (June 20, 2012).
The Honourable Senator Greene replaced the Honourable Senator Ataullahjan (June 20, 2012).
The Honourable Senator Ataullahjan replaced the Honourable Senator Greene (June 20, 2012).
The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Moore (June 20, 2012).
The Honourable Senator Oliver replaced the Honourable Senator Unger (June 20, 2012).
The Honourable Senator Patterson replaced the Honourable Senator Tkachuk (June 20, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Doyle replaced the Honourable Senator Di Nino (June 21, 2012).
The Honourable Senator Seidman replaced the Honourable Senator Carignan (June 20, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Wallace replaced the Honourable Senator Di Nino (June 21, 2012).
The Honourable Senator Angus replaced the Honourable Senator Raine (June 21, 2012).
The Honourable Senator Raine replaced the Honourable Senator Angus (June 20, 2012).
The Honourable Senator Campbell replaced the Honourable Senator Jaffer (June 20, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Finley replaced the Honourable Senator Wallace (June 21, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Demers replaced the Honourable Senator Housakos (June 21, 2012).
The Honourable Senator Dyck replaced the Honourable Senator Jaffer (June 20, 2012).
The Honourable Senator Callbeck replaced the Honourable Senator Hubley (June 20, 2012).
The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Mercer (June 20, 2012).
The Honourable Senator Hubley replaced the Honourable Senator Callbeck (June 20, 2012).
The Honourable Senator Mercer replaced the Honourable Senator Eggleton, P.C. (June 20, 2012).
The Honourable Senator Housakos replaced the Honourable Senator Eaton (June 20, 2012).