Journals of the Senate
2nd Session, 41st Parliament
Issue 7
Monday, October 28, 2013
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Brazeau, 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, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, 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, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Brazeau, 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, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, 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 documents
With leave of the Senate,
The Honourable the Speaker tabled the following:
Transcripts of the meetings of the Standing Committee on Internal Economy, Budgets and Administration held on August 12 and 13, 2013, relating to the committee's 27th report during the First Session of the Forty-first Parliament, pursuant to the order of the Senate adopted on October 25, 2013.—Sessional Paper No. 2/41-110S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Orders No. 1 to 4 were called and postponed until the next sitting.
OTHER BUSINESS
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 9 were called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Poirier:
That, notwithstanding any usual practice or provision of the Rules, in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, the Senate order a suspension for the Honourable Senator Wallin for sufficient cause, considering her gross negligence in the management of her parliamentary resources, until such time as this order is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions:
(a) Senator Wallin, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional allowance or living allowance;
(b) Senator Wallin's right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of the suspension; and
(c) Senator Wallin shall not receive any other benefit from the Senate during the duration of the suspension;
That, notwithstanding the provisions of this suspension motion, the Senate confirm that the Standing Committee on Internal Economy, Budgets and Administration retains the authority, as it considers appropriate, to take any action pertaining to the management of Senator Wallin's office and personnel for the duration of the suspension;
And on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser:
That this motion be referred to our Standing Committee on Rules, Procedures and the Rights of Parliament for consideration and report;
That Senator Wallin be invited to appear; and in light of the public interest in this matter, pursuant to rule 14-7(2), proceedings be televised;
And on the motion in amendment of the Honourable Senator Fraser, seconded by the Honourable Senator Munson:
That the motion be amended by replacing the words "Rules, Procedures and the Rights of Parliament'' with the words "Internal Economy, Budgets and Administration''.
Debate.
With leave of the Senate,
The Honourable Senator Duffy tabled the following:
Copy of a Memorandum, dated January 6, 2009, from Christopher McCreery to Senators Duffy and Wallin, concerning qualifications for senators (English text).—Sessional Paper No. 2/41-111S.
Copy of an email, dated December 4, 2012, between Nigel Wright and Senator Duffy (English text).—Sessional Paper No. 2/41-112S.
Copy of email correspondence, dated February 11, 2013, between Senator Duffy and Nigel Wright (English text). —Sessional Paper No. 2/41-113S.
Copy of a letter (and accompanying document), dated April 3, 2013, from the firm of Cassels, Brock & Blackwell, LLP to the firm of Nelligan, O'Brien, Payne, LLP (English text).—Sessional Paper No. 2/41-114S.
Ordered, That whatever record there is of the meetings of the Standing Committee on Internal Economy, Budgets and Administration held on May 8 and 9, 2013, during the First Session of the Forty-first Parliament, be tabled when available in both official languages.
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 9-10(2), the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Fraser, to the subsidiary motion of the Honourable Senator Cowan, and to the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Fortin-Duplessis, concerning the suspension of the Honourable Senator Brazeau.
The question was put on the motion in amendment of the Honourable Senator Fraser, seconded by the Honourable Senator Munson, that the motion be amended by replacing the words "Rules, Procedures and the Rights of Parliament'' with the words "Internal Economy, Budgets and Administration''.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Tardif, Watt—28
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Carignan, Champagne, Comeau, Cools, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McCoy, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wallin, Wells, White—63
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Fortin-Duplessis:
That, notwithstanding any usual practice or provision of the Rules, in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, the Senate order a suspension for the Honourable Senator Brazeau for sufficient cause, considering his gross negligence in the management of his parliamentary resources, until such time as this order is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions:
(a) Senator Brazeau, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional allowance or living allowance;
(b) Senator Brazeau's right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of the suspension; and
(c) Senator Brazeau shall not receive any other benefit from the Senate during the duration of the suspension;
That, notwithstanding the provisions of this suspension motion, the Senate confirm that the Standing Committee on Internal Economy, Budgets and Administration retains the authority, as it considers appropriate, to take any action pertaining to the management of Senator Brazeau's office and personnel for the duration of the suspension;
And on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser:
That this motion be referred to our Standing Committee on Rules, Procedures and the Rights of Parliament, when and if the committee is formed, for consideration and report;
That Senator Brazeau be invited to appear; and in light of the public interest in this matter, pursuant to rule 14-7(2), proceedings be televised.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Mercer, that further debate on the motions be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Poirier:
That, notwithstanding any usual practice or provision of the Rules, in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, the Senate order a suspension for the Honourable Senator Wallin for sufficient cause, considering her gross negligence in the management of her parliamentary resources, until such time as this order is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions:
(a) Senator Wallin, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional allowance or living allowance;
(b) Senator Wallin's right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of the suspension; and
(c) Senator Wallin shall not receive any other benefit from the Senate during the duration of the suspension;
That, notwithstanding the provisions of this suspension motion, the Senate confirm that the Standing Committee on Internal Economy, Budgets and Administration retains the authority, as it considers appropriate, to take any action pertaining to the management of Senator Wallin's office and personnel for the duration of the suspension;
And on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser:
That this motion be referred to our Standing Committee on Rules, Procedures and the Rights of Parliament for consideration and report;
That Senator Wallin be invited to appear; and in light of the public interest in this matter, pursuant to rule 14-7(2), proceedings be televised;
And on the motion in amendment of the Honourable Senator Fraser, seconded by the Honourable Senator Munson:
That the motion be amended by replacing the words "Rules, Procedures and the Rights of Parliament'' with the words "Internal Economy, Budgets and Administration''.
The Honourable Senator Martin moved, seconded by the Honourable Senator Andreychuk, that further debate on the motions be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Poirier:
That, notwithstanding any usual practice or provision of the Rules, in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, the Senate order a suspension for the Honourable Senator Duffy for sufficient cause, considering his gross negligence in the management of his parliamentary resources, until such time as this order is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions:
(a) Senator Duffy, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional allowance or living allowance;
(b) Senator Duffy's right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of the suspension; and
(c) Senator Duffy shall not receive any other benefit from the Senate during the duration of the suspension;
That, notwithstanding the provisions of this suspension motion, the Senate confirm that the Standing Committee on Internal Economy, Budgets and Administration retains the authority, as it considers appropriate, to take any action pertaining to the management of Senator Duffy's office and personnel for the duration of the suspension.
Debate.
Pursuant to rule 3-3(1), the Speaker left the Chair to resume the same at 8 p.m.
The sitting resumed.
Motions
Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Poirier:
That, notwithstanding any usual practice or provision of the Rules, in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, the Senate order a suspension for the Honourable Senator Duffy for sufficient cause, considering his gross negligence in the management of his parliamentary resources, until such time as this order is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions:
(a) Senator Duffy, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional allowance or living allowance;
(b) Senator Duffy's right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of the suspension; and
(c) Senator Duffy shall not receive any other benefit from the Senate during the duration of the suspension;
That, notwithstanding the provisions of this suspension motion, the Senate confirm that the Standing Committee on Internal Economy, Budgets and Administration retains the authority, as it considers appropriate, to take any action pertaining to the management of Senator Duffy's office and personnel for the duration of the suspension.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Munson:
That this motion be referred to our Standing Committee on Rules, Procedures and the Rights of Parliament for consideration and report;
That Senator Duffy be invited to appear; and in light of the public interest in this matter, pursuant to rule 14-7(2), proceedings be televised.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, that further debate on the motions 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):
Report of the National Capital Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2013, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/41-105.
Copy of Regulations Amending the Regulations Implementing the United Nations Resolutions on Libya (P.C. 2013-966), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/41-106.
Reports of the National Capital Commission for the fiscal year ended March 31, 2013, 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. 2/41-107.
Report on the operations of the Exchange Fund Account, together with the Auditor General's Report, for the fiscal year ended March 31, 2013, pursuant to the Currency Act, R.S.C. 1985, c. C-52, sbs. 21(1).—Sessional Paper No. 2/41- 108.
Reports of the Canadian International Development Agency for the fiscal year ended March 31, 2013, 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. 2/ 41-109.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 8:06 p.m. the Senate was continued until 2 p.m. tomorrow.)