Journals of the Senate
1st Session, 41st Parliament
Issue 155
Wednesday, April 24, 2013
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Rivest, Robichaud, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, *Ringuette, Rivard, Rivest, Robichaud, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, 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.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Nolin tabled the following:
Report of the Canadian Delegation of the NATO Parliamentary Association (NATO PA) respecting its participation at 58th Annual Session of the NATO PA, held in Prague, Czech Republic, from November 9 to 12, 2012. —Sessional Paper No. 1/41-1577.
The Honourable Senator Rivard tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the First Part of the 2013 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 21 to 25, 2013.—Sessional Paper No. 1/41-1578.
SPEAKER'S RULING
On March 5, Senator Chaput rose on a question of privilege, after giving the necessary written and oral notices. Her question of privilege concerns certain remarks in the Senate on February 13, 2013, during debate on Bill S-211. She argued that these comments had attacked her abilities as chair of the Standing Senate Committee on Official Languages, breaching both her privileges and those of the committee. She outlined how she believed her question of privilege met the four criteria under the special process set out in Chapter 13 of the Rules. The Standing Senate Committee on Official Languages has held four meetings since this question of privilege was raised, and on each of these occasions, Senator Chaput has served as its chair
As honourable senators know, a question of privilege must meet all four criteria set out in rule 13-3(1) to benefit from the special procedures in Chapter 13 of the Rules. The first of these criteria is that the matter be raised at the earliest opportunity. As Senator Chaput herself acknowledged, the Senate sat a number of times between February 13 and March 5. To meet the first criterion it would have been necessary to raise the matter on February 14, or to present a compelling case as to why that was not possible. Since this did not happen in this instance, the question of privilege does not meet the initial requirement to allow a prima facie question of privilege. Given this, it is not really necessary to evaluate it in terms of the others. In such a situation, the senator raising the matter still has, under rule 13-3(2), the option of proceeding by means of a substantive motion after notice. In the current case, however, the criteria of rule 13-3(1) have not been met, and there is no prima facie finding of a question of privilege.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill C-37, An Act to amend the Criminal Code.
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Meredith, that the bill be read the third time.
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.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Inquiries
Order No. 4 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Commons Public Bills — Third Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 4 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 twelfth report of the Standing Senate Committee on National Security and Defence (budget—study on veterans affairs), presented in the Senate on April 23, 2013.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Moore, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the twenty-first report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on social inclusion and cohesion in Canada), presented in the Senate on April 23, 2013.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Greene, that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Consideration of the twenty-second report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on prescription pharmaceuticals in Canada), presented in the Senate on April 23, 2013.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Gerstein, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 5 to 16 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Manning, seconded by the Honourable Senator Meredith, that the seventh report of the Standing Senate Committee on Fisheries and Oceans, entitled: The Sustainable Management of Grey Seal Populations: A Path Toward the Recovery of Cod and other Groundfish Stocks, tabled in the Senate on October 23, 2012, 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 Fisheries and Oceans being identified as minister responsible for responding to the report, in consultation with the Minister of Health.
After debate,
The question being put on the motion, it was adopted, on division.
Motions
Orders No. 144, 158 and 128 were called and postponed until the next sitting.
Ordered, That Order No. 6 under Reports of Committees — Other, be again called.
Consideration of the eighth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on hydrocarbon transportation), presented in the Senate on April 18, 2013.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Cools, that the report be adopted.
The question being put on the motion, it was adopted.
Motions
Orders No. 143, 147 and 75 were called and postponed until the next sitting.
Inquiries
Orders No. 57, 35, 45, 40, 9, 18, 60, 50, 3, 66, 62, 56, 19, 22 and 44 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Cools, calling the attention of the Senate to:
(a) the new monument recognizing the aircrews of World War II Bomber Command, called the Royal Air Force Bomber Command Memorial, and to the ceremony for the dedication and unveiling of this monument at Green Park, London, on June 28th, 2012, by Her Majesty the Queen, Elizabeth II, and to the attendance at this ceremony of Marshal of the Royal Air Force His Royal Highness the Duke of Edinburgh; and
(b) the attendance at this ceremony of several members of the Royal Family being Their Royal Highnesses, Marshal of the Royal Air Force the Prince of Wales, and Air Marshal Prince Michael of Kent, and Air Chief Marshal the Duke of Kent, and Air Marshal the Duke of Gloucester, and Air Commodore the Earl of Wessex, and Air Commodore the Duke of York, and also Their Royal Highnesses, the Duchess of Gloucester and the Countess of Wessex, revealing the closeness of the Royal Family to Britain's Royal Air Force and their dedication to the memory of all of those who fell in the Royal Air Force in the Second World War; and
(c) Remembrance Day on November 11, 2012, the day for our Canadian veterans and those who served, when we remember, reflect on, and uphold all those who answered the call of duty, and those who fell in active combat, in their assigned theatres of war particularly in the Second World War, in defence of God, King, and Country, the British Commonwealth and the Allied countries; and
(d) Canadian aircrew in World War II, particularly those who served with Royal Air Force Bomber Command, and who are now celebrated in this new memorial unveiled by Her Majesty on June 28th, 2012, being both those with 6 Group Royal Canadian Air Force, and those with the other Bomber Command Squadrons, including some Canadian senators, who faced many Nazi night fighters and Nazi anti-aircraft guns nightly; and
(e) a Canadian from Alberta, a retired airline pilot, Karl Kjarsgaard, who is devoted to the memory of the efforts and sacrifices of the aircrews of Bomber Command, and to his special contribution to the construction of the ceiling of the Memorial, being the aluminum used to build it; and
(f) our own Canadian Bomber Command memorial located at the Bomber Command Museum of Canada in Nanton, Alberta, being a wall of remembrance wherein are inscribed the names of the 10,659 fallen Canadian aircrew as a monument to those who fell in Bomber Command, which for many years was the only Allied offensive against Fortress Europe; and
(g) honour, to celebrate, to uphold and to thank all the remarkable Canadian veterans for their incalculable contributions to humanity during the Second World War and to whom we owe an enormous debt.
After debate,
The Honourable Senator Munson moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Copy of Order in Council P.C. 2013-386 dated April 18, 2013, concerning the Agreement on Social Security between Canada and the Republic of India, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).—Sessional Paper No. 1/41-1576.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Nolin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 2:52 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Hubley replaced the Honourable Senator Mercer (April 23, 2013).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Fraser replaced the Honourable Senator Charette-Poulin (April 23, 2013).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Duffy (April 23, 2013).
Standing Senate Committee on Official Languages
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Dawson (April 23, 2013).
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Boisvenu (April 23, 2013).