Journals of the Senate
1st Session, 41st Parliament
Issue 148
Monday, March 25, 2013
6:00 p.m.
The Honourable Pierre Claude Nolin, Acting Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Baker, Batters, Bellemare, Beyak, Black (Alberta), Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Day, Demers, Downe, Doyle, Duffy, Dyck, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Moore, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Poirier, Raine, Ringuette, Rivard, Rivest, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, *Ataullahjan, Baker, Batters, Bellemare, Beyak, Black (Alberta), Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, *Dawson, Day, Demers, Downe, Doyle, Duffy, Dyck, *Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, *Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, *Mercer, Meredith, Mitchell, *Mockler, Moore, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, *Oliver, Patterson, *Plett, Poirier, Raine, Ringuette, Rivard, Rivest, *Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Wells, 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.
The Clerk at the Table informed the Senate that the Honourable the Speaker and the Honourable the Speaker pro tempore were unavoidably absent.
The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Cowan:
That during the absence of the Honourable the Speaker and the Honourable the Speaker pro tempore, the Honourable Senator Nolin do preside as Speaker.
The question being put on the motion, it was adopted.
Whereupon the Honourable Senator Nolin took the Chair.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of Documents
The Honourable Senator Carignan tabled the following:
(1) "Budget 2013—Economic Action Plan 2013: Jobs, Growth, and Long-Term Prosperity'';
(2) "Improving the Integrity of the Tax System'';
(3) "The New Canada Job Grant'';
(4) "Creating High-Paying Jobs and Helping Businesses Succeed''; and
(5) "The New Building Canada Plan''.—Sessional Paper No. 1/41-1528.
Copy of the Commission constituting the Honourable Richard Wagner, Puisne Judge of the Supreme Court of Canada, Deputy of the Governor General, to do in His Excellency's name all acts on his part necessary to be done during His Excellency's pleasure, dated November 7, 2012. —Sessional Paper No. 1/41-1529S.
The said Commission is as follows:
CANADA
DAVID JOHNSTON
(L.S.)
By His Excellency the Right Honourable David L. Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
TO THE HONOURABLE RICHARD WAGNER, a Puisne Judge of the Supreme Court of Canada.
GREETING:
KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable David L. Johnston, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth II, under the Great Seal of Canada, dated the third day of September in the year of Our Lord two thousand and ten, constituting and appointing me to be Governor General of Canada do hereby nominate, constitute and appoint you, Richard Wagner, to be my Deputy within Canada and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the power of dissolving the Parliament of Canada.
PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable David L. Johnston, in person.
AND PROVIDED ALWAYS, that you, Richard Wagner, shall, during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me.
GIVEN under my hand and seal at Ottawa, this seventh day of November in the year of Our Lord two thousand and twelve and in the sixty-first year of Her Majesty's Reign.
BY COMMAND,
JOHN KNUBLEY
Deputy Registrar General of Canada
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill C-53, An Act to assent to alterations in the law touching the Succession to the Throne.
The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Carignan, that the bill be read the third time.
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills — Second Reading
Second reading of Bill C-58, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Tkachuk, that the bill be read the second time.
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 Smith (Saurel) moved, seconded by the Honourable Senator Buth, 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.
Second reading of Bill C-59, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Buth, that the bill be read the second time.
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 Smith (Saurel) moved, seconded by the Honourable Senator Buth, 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.
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Wallace, for the third reading of Bill C-27, An Act to enhance the financial accountability and transparency of First Nations;
And on the motion in amendment of the Honourable Senator Dyck, seconded by the Honourable Senator Chaput, that Bill C-27 be not now read a third time but that it be read a third time this day six months hence.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Chaput, Cordy, Cowan, Dallaire, Day, Dyck, Eggleton, Fraser, Hervieux-Payette, Hubley, Joyal, Lovelace Nicholas, Mitchell, Moore, Ringuette, Rivest, Smith (Cobourg), Tardif—19
NAYS
The Honourable Senators
Andreychuk, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Carignan, Champagne, Comeau, Dagenais, Demers, Doyle, Duffy, Enverga, Fortin-Duplessis, Greene, Housakos, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tkachuk, Unger, Verner, Wallace, Wallin, Wells, White—49
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Wallace, for the third reading of Bill C-27, An Act to enhance the financial accountability and transparency of First Nations.
Pursuant to rule 7-4(5), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
Reports of Committees — Other
Consideration of the eighteenth report of the Standing Senate Committee on National Finance (Supplementary Estimates (C) 2012-2013), tabled in the Senate on March 21, 2013.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Bills — Second Reading
Orders No. 1 to 6 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 2 and 4 were called and postponed until the next sitting.
OTHER BUSINESS
Commons Public Bills — Third Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees — Other
Consideration of the ninth report (interim) of the Standing Senate Committee on National Security and Defence, entitled: A Study of the New Veterans Charter, tabled in the Senate on March 21, 2013.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Day, that the report be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government, with the Minister of Veterans Affairs being identified as minister responsible for responding to the report.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Plett, moved, seconded by the Honourable Senator Demers, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Smith, P.C. (Cobourg), seconded by the Honourable Senator Fraser, for the adoption of the fourth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Amendments to the Rules of the Senate), presented in the Senate on December 12, 2012.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Cools, moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Consideration of the twentieth report of the Standing Senate Committee on Legal and Constitutional Affairs, entitled: Statutory Review on the Provisions and Operation of the Act to amend the Criminal Code (production of records in sexual offence proceedings), tabled in the Senate on December 13, 2012.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Runciman, moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Orders No. 144, 143, 147 and 75 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Martin:
That the Senate of Canada express its support for Malala Yusufzai in light of her remarkable courage, tenacity and determined support for the right of girls everywhere to an education; offer its best wishes for her full recovery; express its gratitude for the courage of her family and the work of the staff at the Birmingham hospital in the United Kingdom; and offer its solidarity with girls and young women everywhere whose absolute right to equality of opportunity and quality education in every country of the world is and must always be universal and real.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Cools, moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
Orders No. 57, 3, 66, 62, 56, 19, 22, 44, 35, 59, 45, 9 and 18 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Oliver, calling the attention of the Senate to the state of diversity in the Senate of Canada and its administration and, in particular, to how we can address the barriers facing the advancement of visible minorities in the Senate workforce and increase their representation by focusing on hiring, retention and promotion.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Meredith, moved, seconded by the Honourable Senator Marshall, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the inquiry of the Honourable Senator Mitchell, calling 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 Dallaire moved, seconded by the Honourable Senator Moore, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Carignan, 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 Andreychuk moved, seconded by the Honourable Senator Raine:
That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on security conditions and economic developments in the Asia-Pacific region, the implications for Canadian policy and interests in the region, and other related matters; and
That the committee submit its final report to the Senate no later than March 31, 2014 and that the committee retain all powers necessary to publicize its findings until April 30, 2014.
The question being put on the motion, it was adopted.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Dyck:
That the Standing Senate Committee on Official Languages be authorized to examine and report on best practices for language policies and second-language learning in a context of linguistic duality or plurality; and
That the committee report from time to time to the Senate but no later than December 31, 2014, and that the committee retain all powers necessary to publicize its findings until March 31, 2015.
The question being put on the motion, it was adopted.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Dyck:
That the Standing Senate Committee on Official Languages be authorized to study and to report on the impacts of recent changes to the immigration system on official language minority communities; and
That the committee report from time to time to the Senate but no later than March 31, 2014, and that the committee retain all powers necessary to publicize its findings until June 30, 2014.
The question being put on the motion, it was adopted.
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith:
That, notwithstanding the order of the Senate adopted on March 8, 2012, the date for the final report of the Standing Senate Committee on Fisheries and Oceans in relation to its study on the lobster fishery in Atlantic Canada and Quebec be extended from March 31, 2013 to May 31, 2013.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Summary of the Corporate Plan for 2013-2017 of Export Development Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-1526.
Summaries of the Corporate Plan for 2013-2017 and of the Operating and Capital Budgets for 2013 of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-1527.
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 10:53 p.m. the Senate was continued until tomorrow at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Doyle replaced the Honourable Senator Seidman (March 21, 2013).
The Honourable Senator Marshall replaced the Honourable Senator White (March 21, 2013).