Journals of the Senate
2nd Session, 41st Parliament
Issue 15
Tuesday, November 19, 2013
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Black, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wells
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, *Beyak, Black, Buth, Callbeck, Campbell, Carignan, *Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, *Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wells
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:
Reports of the Office of the Commissioner of Official Languages 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. 2/41-207.
° ° °
The Honourable Senator Martin tabled the following:
A revised English Schedule 1 respecting Vote 25b under TREASURY BOARD in the Supplementary Estimates B, 2013-2014, along with the original French version, originally tabled in the Senate on November 7, 2013.—Sessional Paper No. 2/41-195.
Presenting or Tabling of Reports from Committees
The Honourable Senator Segal tabled the following (Sessional Paper No. 2/41-208S):
Tuesday, November 19, 2013
The Special Senate Committee on Anti-Terrorism has the honour to table its
REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such matters as were referred to it, tables, pursuant to rule 12-26, the following report on expenses incurred for that purpose during the First Session of the Forty-first Parliament:
1. With respect to its examination and consideration of legislation:
2012-2013 Witness expenses $ 2,374 SUBTOTAL $ 2,374 2013-2014 Witness expenses $ 80 SUBTOTAL $ 80 TOTAL $ 2,454
During the session, your committee held 11 meetings (18 hours and 8 minutes), heard 31 witnesses and submitted 3 reports in relation to its work. Your committee examined 2 bills (S-7, S-9) and received a total of 2 orders of reference.
Respectfully submitted,
HUGH SEGAL
Chair
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The Honourable Senator Jaffer tabled the following (Sessional Paper No. 2/41-209S):
Tuesday, November 19, 2013
The Standing Senate Committee on Human Rights has the honour to table its
FIRST REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such matters as were referred to it, tables, pursuant to rule 12-26(2), the following report on expenses incurred for that purpose during the First Session of the Forty-first Parliament:
1. With respect to its examination and consideration of legislation:
2011-2012 Witness Expenses $ 9,382 SUBTOTAL $ 9,382 2012-2013 Witness Expenses $ 1,420 SUBTOTAL $ 1,420 2013-2014 Witness Expenses $ 6,135 SUBTOTAL $ 6,135 TOTAL $ 16,937
2. With respect to its special study monitoring the issues relating to human rights and, inter alia, reviewing the machinery of government dealing with Canada's international and national human rights obligations authorized by the Senate on Wednesday, June 22, 2011:
2011-2012 Activity 1: Sierra Leone, Ghana, Liberia $ 7,799 Witness Expenses 3,349 SUBTOTAL $ 11,148 2012-2013 Witness Expenses $ 984 SUBTOTAL $ 984 2013-2014 Witness Expenses $ 2,115 SUBTOTAL $ 2,115 TOTAL $ 14,247
3. With respect to its special study on cyberbullying in Canada authorized by the Senate on Wednesday, November 30, 2011:
2011-2012 Witness Expenses $ 1,099 SUBTOTAL $ 1,099 2012-2013 General Expenses $ 24,430 Witness Expenses 21,840 SUBTOTAL $ 46,270 2013-2014 General Expenses $ 1,455 SUBTOTAL $ 1,455 TOTAL $ 48,824
4. With respect to its special study on issues of discrimination in the hiring and promotion practices of the Federal Public Service authorized by the Senate on Wednesday, October 26, 2011:
2013-2014 Witness Expenses $ 904 SUBTOTAL $ 904 TOTAL $ 904
5. With respect to its special study on issues pertaining to the human rights of First Nations band members who reside off-reserve authorized by the Senate on Thursday, March 15, 2012:
2012-2013 Activity 1: Winnipeg, Saskatoon, Vancouver $ 75,421 Witness Expenses 5,909 SUBTOTAL $ 81,330 2013-2014 Activity 1 of 2012-2013, Winnipeg, Saskatoon, Vancouver (unused airfare credit) $ 2,531 SUBTOTAL $ 2,531 TOTAL $ 78,799
In addition to the Expenses for its studies as set out above, your committee also incurred general postal charges of $322.
During the session, your committee held 40 meetings (95 hours, 55 m), heard 269 witnesses and submitted 14 reports in relation to its work. Your Committee examined 3 bills (S-2, C-279 and C-304) and received a total of 11 orders of reference.
Respectfully submitted,
MOBINA S.B. JAFFER
Chair
° ° °
The Honourable Senator Patterson tabled the following (Sessional Paper No. 2/41-210S)::
Tuesday, November 19, 2013
The Standing Senate Committee on Aboriginal Peoples has the honour to table its
FIRST REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such matters as were referred to it, tables, pursuant to rule 12-26(2), the following report on expenses incurred for that purpose during the First Session of the Forty-first Parliament:
1. With respect to its examination and consideration of legislation:
2011-2012 Witness expenses $ 2,993 SUBTOTAL $ 2,993 2012-2013 Witness expenses $ 12,572 SUBTOTAL $ 12,572 2013-2014 Witness expenses $ 2,505 SUBTOTAL $ 2,505 TOTAL $ 18,070
2. With respect to its special study on the federal government's constitutional and legal responsibilities to Aboriginal Peoples authorized by the Senate on Thursday June 16, 2011:
2011-2012 Witness expenses $ 16,710 SUBTOTAL $ 16,710 TOTAL $ 16,710
3. With respect to its special study on the legal and political recognition of Metis identity in Canada authorized by the Senate on Wednesday March 28, 2012:
2012-2013 General Expenses $ 0 Activity 1: Western Canada 127,934 Activity 2: Saskatchewan 24,205 Witness expenses 18,881 SUBTOTAL $ 171,020 TOTAL $ 171,020
In addition to the expenses for its studies as set out above, your committee also incurred general postal charges of $ 210.
During the session, your committee held 89 meetings (142.7 hours), heard 265 witnesses and submitted 13 reports in relation to its work. Your Committee examined 5 bills (S-6, S-8, C-22, C-27 and C-62) and received a total of 10 orders of reference.
Respectfully submitted,
DENNIS GLEN PATTERSON
Chair
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-3, An Act to amend the Coastal Fisheries Protection Act.
The Honourable Senator Manning moved, seconded by the Honourable Senator Neufeld, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 3 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Poirier:
That, for the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 3-1(1);
(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned;
(c) when the Senate sits past 4 p.m. on a Wednesday, committees scheduled to meet be authorized to hold meetings for the purpose of receiving and publishing evidence, even if the Senate is then sitting, with the application of rule 12-18(1) being suspended in relation thereto; and
(d) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
After debate,
In amendment, the Honourable Senator Marshall moved, seconded by the Honourable Senator Fortin-Duplessis, that the motion be amended by replacing the initial paragraph by the words "That, for the remainder of the calendar year 2013,''.
After debate,
The question being put on the motion in amendment, it was adopted, on division.
The question was then put on the motion, as amended, of the Honourable Senator Martin, seconded by the Honourable Senator Poirier:
That, for the remainder of the calendar year 2013,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 3-1(1);
(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned;
(c) when the Senate sits past 4 p.m. on a Wednesday, committees scheduled to meet be authorized to hold meetings for the purpose of receiving and publishing evidence, even if the Senate is then sitting, with the application of rule 12-18(1) being suspended in relation thereto; and
(d) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
The motion, as amended, was adopted on division.
OTHER BUSINESS
Senate Public Bills — Second Reading
Orders No. 1 to 9 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 10 were called and postponed until the next sitting.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
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Consideration of the first report of the Standing Joint Committee on the Library of Parliament (mandate of the committee and quorum), presented in the Senate on November 7, 2013.
The Honourable Senator Charette-Poulin moved, seconded by the Honourable Senator Baker, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Motions
Order No. 5 was called and postponed until the next sitting.
INQUIRIES
Order No. 4 was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That the Standing Senate Committee on Human Rights be authorized to examine and monitor issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the First session of the Thirty-seventh Parliament be referred to the committee; and
That the committee submit its final report to the Senate no later than June 30, 2014.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That the Standing Senate Committee on Human Rights be authorized to examine issues of discrimination in the hiring and promotion practices of the Federal Public Service, to study the extent to which targets to achieve employment equity are being met, and to examine labour market outcomes for minority groups in the private sector;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the First session of the Thirty-ninth Parliament be referred to the committee; and
That the committee submit its final report to the Senate no later than June 30, 2014.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That the Standing Senate Committee on Human Rights be authorized to examine and report on issues pertaining to the human rights of First Nations band members who reside off-reserve, with an emphasis on the current federal policy framework. In particular, the committee will examine:
(a) Rights relating to residency;
(b) Access to rights;
(c) Participation in community-based decision-making processes;
(d) Portability of rights;
(e) Existing Remedies;
That the papers and evidence received and taken and work accomplished by the committee on this subject during the First session of the Forty-first Parliament be referred to the committee; and
That the committee submit its final report no later than December 31, 2013.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon the issue of cyberbullying in Canada with regard to Canada's international human rights obligations under Article 19 of the United Nations Convention on the Rights of the Child;
That, notwithstanding rule 12-16, the Standing Senate Committee on Human Rights be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering sensitive evidence; and
That the papers and evidence received and taken and work accomplished by the committee on this subject during the First session of the Forty-first Parliament be referred to the committee; and
That the committee submit its final report no later than June 30, 2014, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Runciman:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on prescription pharmaceuticals in Canada, including but not limited to:
(a) the process to approve prescription pharmaceuticals with a particular focus on clinical trials;
(b) the post-approval monitoring of prescription pharmaceuticals;
(c) the off-label use of prescription pharmaceuticals; and
(d) the nature of unintended consequences in the use of prescription pharmaceuticals.
That the papers and evidence received and taken and work accomplished by the committee on this subject during the First Session of the Forty-first Parliament be referred to the committee; and
That the committee submit its final report no later than December 31, 2014 and that the committee retain until March 31, 2015, all powers necessary to publicize its findings.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Tardif moved, seconded by the Honourable Senator Smith, P.C. (Cobourg):
That the Standing Senate Committee on Official Languages be authorized to study and to report on the application of the Official Languages Act and of the regulations and directives made under it, within those institutions subject to the Act;
That the committee also be authorized to study the reports and documents published by the Minister of Canadian Heritage and Official Languages, the President of the Treasury Board, and the Commissioner of Official Languages, and any other subject concerning official languages;
That the documents received, evidence heard and business accomplished on this subject by the committee since the beginning of the First Session of the Forty-first Parliament be referred to the committee; and
That the committee report from time to time to the Senate but no later than June 30, 2015, and that the committee retain all powers necessary to publicize its findings for 90 days after the tabling of the final report.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld:
That the Standing Senate Committee on National Security and Defence be authorized to examine and report on Canada's national security and defence policies, practices, circumstances and capabilities; and
That the papers and evidence received and taken and the work accomplished by the committee on this subject during the Fortieth Parliament and the First Session of the Forty-first Parliament be referred to the Committee; and
That the Committee report to the Senate no later than December 19, 2014, and that the Committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld:
That the Standing Senate Committee on National Security and Defence be authorized to study:
(a) services and benefits provided to members of the Canadian Forces; to veterans who have served honourably in Her Majesty's Canadian Armed Forces in the past; to members and former members of the Royal Canadian Mounted Police and its antecedents; and all of their families;
(b) commemorative activities undertaken by the Department of Veterans' Affairs Canada, to keep alive for all Canadians the memory of Canadian veterans' achievements and sacrifices; and
(c) continuing implementation of the New Veterans' Charter;
That the papers and evidence received and taken and the work accomplished by the Committee on this subject during the Fortieth Parliament and the First Session of the Forty-first Parliament be referred to the Committee; and
That the Committee report to the Senate no later than December 19, 2014, and that the Committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld:
That, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government to the Ninth Report 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, during the First Session of the Forty-first Parliament, and adopted on May 2, 2013, with the Minister of Veterans Affairs being identified as minister responsible for responding to the report.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld:
That, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government to the Fourteenth Report of the Standing Senate Committee on National Security and Defence, entitled: Conduct Becoming: Why the Royal Canadian Mounted Police Must Transform its Culture, tabled in the Senate on June 18, 2013, during the First Session of the Forty-first Parliament, and adopted the same day, with the Minister of Public Safety being identified as minister responsible for responding to the report.
After debate,
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 on the Implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the Enforcement of the Corruption of Foreign Public Officials Act, pursuant to the Act, S.C. 1998, c. 34, s. 12.—Sessional Paper No. 2/41-202.
Summaries of the Corporate Plan for 2013-2014 to 2017-2018 and of the Operating and Capital Budgets for 2013- 2014 of the Canadian Museum for Human Rights, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 2/41-203.
Audit Report for the Office of the Auditor General for the fiscal year ended March 31, 2013, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2). —Sessional Paper No. 2/41-204.
Report on Official Languages for the fiscal year ended March 31, 2012, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 44.—Sessional Paper No. 2/41-205.
Report on the Employment Equity Act (Labour) for the year 2012, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 2/41-206.
ADJOURNMENT
The Honourable Senator Martin 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 3:51 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 Aboriginal Peoples
The Honourable Senator Wallace replaced the Honourable Senator White (November 14, 2013).
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Unger (November 14, 2013).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Buth replaced the Honourable Senator Raine (November 14, 2013).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Ngo replaced the Honourable Senator Oliver (November 14, 2013).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Sibbeston replaced the Honourable Senator Watt (November 18, 2013).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Martin replaced the Honourable Senator Wells (November 19, 2013).
The Honourable Senator Enverga replaced the Honourable Senator Plett (November 14, 2013).
Standing Senate Committee on Human Rights
The Honourable Senator Unger replaced the Honourable Senator Marshall (November 14, 2013).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Seth replaced the Honourable Senator Lang (November 14, 2013).
The Honourable Senator White replaced the Honourable Senator Manning (November 14, 2013).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Plett replaced the Honourable Senator White (November 7, 2013).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Eaton replaced the Honourable Senator Champagne, P.C. (November 7, 2013).
Standing Senate Committee on National Finance
The Honourable Senator Beyak replaced the Honourable Senator Seth (November 19, 2013).
The Honourable Senator Demers replaced the Honourable Senator Smith (Saurel) (November 19, 2013).
Standing Senate Committee on National Security and Defence
The Honourable Senator Dagenais replaced the Honourable Senator Manning (November 8, 2013).
The Honourable Senator White replaced the Honourable Senator Plett (November 7, 2013).
Standing Senate Committee on Official Languages
The Honourable Senator Bellemare replaced the Honourable Senator Verner, P.C. (November 18, 2013).
The Honourable Senator Verner, P.C., replaced the Honourable Senator White (November 7, 2013).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator White replaced the Honourable Senator Wallace (November 14, 2013).
The Honourable Senator Unger replaced the Honourable Senator Tannas (November 14, 2013).
The Honourable Senator McIntyre replaced the Honourable Senator Beyak (November 14, 2013).