Journals of the Senate
2nd Session, 41st Parliament
Issue 8
Tuesday, October 29, 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, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, 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, Merchant, 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 (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, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Brazeau, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, 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, Merchant, 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 (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 documents
The Honourable the Speaker tabled the following:
Annual Report of the Office of the Privacy Commissioner of Canada for the year ended March 31, 2013, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, s. 38.—Sessional Paper No. 2/41-131.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Hervieux-Payette, P.C., introduced a Bill S-206, An Act to amend the Criminal Code (protection of children against standard child-rearing violence).
The bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
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 3 were called and postponed until the next sitting.
° ° °
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That, notwithstanding any provision of the Rules or usual practice, motions No. 2, 3 and 4 under "Other Business'' be disposed of as follows:
1. at 3 p.m. on the first sitting day following the adoption of this motion, the Speaker shall interrupt any proceedings then before the Senate and proceed to put forthwith and successively, without further debate, amendment, or adjournment, any and all questions necessary to dispose of the three motions;
2. any standing vote requested after the time in paragraph 1 in relation to any question necessary to dispose of the three motions shall not be deferred;
3. once the Speaker has interrupted proceedings pursuant to paragraph 1, the bells to call in the Senators shall ring only once and for fifteen minutes, without the further ringing of the bells in relation to any subsequent standing votes requested under this order;
4. if a standing vote relating to any of the three motions is requested and deferred after the adoption of this motion, but before the time indicated in paragraph 1, it shall be deferred to that time;
5. if a standing vote relating to any of the motions is requested and deferred before the adoption of this motion to a time after that indicated in paragraph 1, it shall be brought forward to the time indicated in paragraph 1; and
6. on the sitting day following the adoption of this motion, no motion to adjourn the Senate shall be received until all questions necessary to dispose of the three motions have been dealt with, and if the Senate completes its business before the time indicated in paragraph 1, the sitting shall be suspended until that time, with the bells to ring for fifteen minutes before the sitting resumes.
A point of order was raised with respect to acceptability of the motion.
After debate,
The Speaker reserved his decision.
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 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.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Brazeau, Callbeck, Campbell, Chaput, Cools, Cordy, Cowan, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Lovelace Nicholas, Mercer, Merchant, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Segal, Smith (Cobourg), Tardif, Watt—33
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Carignan, Champagne, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McIntyre, Meredith, Mockler, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells, White—55
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.
After debate,
The question was put on the subsidiary motion.
Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. tomorrow with the bells to sound at 5:15 p.m. for fifteen minutes.
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 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''.
After debate,
The question was put on the motion in amendment.
Pursuant to rule 9-10(2), a standing vote was deferred until tomorrow to follow the deferred vote on the subsidiary motion of the Honourable Senator Cowan to Motion No. 2 under OTHER BUSINESS-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;
And on the motion of the Honourable Senator Cowan, 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.
After debate,
In amendment, the Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, that the motion be amended by replacing the words "Rules, Procedures and the Rights of Parliament'' with the words "Internal Economy, Budgets and Administration''.
After debate,
The question was put on the motion in amendment.
Pursuant to rule 9-10(2), a standing vote was deferred until tomorrow to follow the deferred vote on the motion in amendment of the Honourable Senator Fraser to Motion No. 3. under OTHER BUSINESS-Motions.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Copy of Regulations Repealing the United Nations Sierra Leone Regulations (P.C. 2013-965), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/41-115.
Report of the Canadian Commercial Corporation, 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. 2/41-116.
Report of Defence Construction (1951) Limited, 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. 2/41-117.
Report of the Canada Lands Company Limited, 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. 2/41-118.
Report of the Office of the Procurement Ombudsman for the fiscal year ended March 31, 2013, pursuant to the Department of Public Works and Government Services Act, S.C. 1996, c. 16, s. 22.3.—Sessional Paper No. 2/41-119.
Reports of the Department of Public Works and Government Services 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. 2/41-120.
Reports of Defence Construction (1951) Limited 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. 2/41-121.
Reports of the Canada Lands Company Limited 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. 2/41-122.
Reports of the Old Port of Montreal Corporation Inc. 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- 123.
Reports of the Parc Downsview Park Inc. 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. 2/41-124.
Reports of Shared Services Canada, 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. 2/41-125.
Reports of the Canada Lands Company CLC Limited 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- 126.
Report of the Canadian Race Relations Foundation, together with the Auditor General's Report, for the fiscal year ended March 31, 2013, pursuant to the Canadian Race Relations Foundation Act, S.C. 1991, c. 8, sbs. 26(3).—Sessional Paper No. 2/41-127.
Reports of the Canadian Race Relations Foundation 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- 128.
Five-year Report of the Atlantic Canada Opportunities Agency from 2008 to 2013, pursuant to the Atlantic Canada Opportunities Agency Act, R.S.C., 1985, C. 41 (4th Supp.) Part 1, sbs. 21 (2.1).—Sessional Paper No. 2/41-129.
Reports of the Atlantic Canada Opportunities 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- 130.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Frum:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 11:02 p.m. the Senate was continued until 2 p.m. tomorrow.)