Journals of the Senate
2nd Session, 41st Parliament
Issue 87
Tuesday, October 21, 2014
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Chaput, Charette-Poulin, Cools, Cowan, Dagenais, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Hervieux-Payette, Housakos, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Meredith, Mitchell, Mockler, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Verner, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Chaput, Charette-Poulin, Cools, *Cordy, Cowan, Dagenais, *Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, *Greene, Hervieux-Payette, Housakos, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Meredith, Mitchell, Mockler, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, *Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, *Unger, Verner, Wallace, 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
The Senate observed a minute of silence in memory of the member of the Canadian Armed Forces who passed away following yesterday's tragic events in Saint-Jean-sur-Richelieu, Quebec.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
2012-2013 Office of the Federal Ombudsman for the Victims of Crime Annual Report.—Sessional Paper No. 2/41- 894.
Government Response to the 2012-2013 Office of the Federal Ombudsman for the Victims of Crime Annual Report.—Sessional Paper No. 2/41-895.
° ° °
With leave of the Senate,
The Honourable the Speaker Pro tempore tabled the following:
Correspondence from the Commissioner of Lobbying to the Speaker of the Senate, dated October 17, 2014, containing proposed amendments to the Lobbyists' Code of Conduct. —Sessional Paper No. 2/41-896S.
Presenting or Tabling Reports from Committees
The Honourable Senator White, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its sixth report (Amendments to the Rules of the Senate).
(The report is printed as an appendix.)
The Honourable Senator White moved, seconded by the Honourable Senator Dagenais, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its fifteenth report (interim) entitled: Prescription Pharmaceuticals in Canada: Unintended Consequences. —Sessional Paper No. 2/41-897S.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Patterson, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, 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 — Third Reading
Third reading of Bill C-17, An Act to amend the Food and Drugs Act.
The Honourable Senator Seidman moved, seconded by the Honourable Senator Demers, that the bill be read the third time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Eggleton, 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.
° ° °
Third reading of Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act.
The Honourable Senator Lang moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Batters, seconded by the Honourable Senator Beyak, for the second reading of Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts.
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 Batters moved, seconded by the Honourable Senator Ataullahjan, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
° ° °
Order No. 2 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Other
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 1 was 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
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Frum, for the adoption of the fifth 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 June 11, 2014;
And on the motion in amendment of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser, that the report not now be adopted, but that it be amended by:
1. Replacing paragraph 1.(j) with the following:
"That an item of Other Business that is not a Commons Public Bill be not further adjourned; or'';
2. Replacing the main heading before new rule 6-13 with the following:
"Terminating Debate on an Item of Other Business that is not a Commons Public Bill'';
3. Replacing the sub heading before new rule 6-13 with the following:
"Notice of motion that item of Other Business that is not a Commons Public Bill be not further adjourned'';
4. In paragraph 2.6-13 (1), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill'';
5. In the first clause of Paragraph 2.6-13 (3), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill'';
6. In the first clause of paragraph 2.6-13 (5), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill''
7. In paragraph 2.6-13 (7) (c), adding immediately following the words "Other Business'' the words "that is not a Commons Public Bill'';
8. And replacing the last line of paragraph 2.6-13(7) with the following:
"This process shall continue until the conclusion of debate on the item of Other Business that is not a Commons Public Bill'';
And on the subamendment of the Honourable Senator Mitchell, seconded by the Honourable Senator Day, that the amendment be not now adopted but that it be amended by adding immediately after paragraph 8 the following:
9. And that the rule changes contained in this report take effect from the date that the Senate begins regularly to provide live audio-visual broadcasting of its daily proceedings.
After debate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, that further debate on the subamendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 and 3 were called and postponed until the next sitting.
Motions
Orders No. 79, 62, 55, 69, 9, 56, 66, 60, 73, 8 and 47 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Johnson:
That the Senate of Canada take note of the ongoing tensions in the Bolivarian Republic of Venezuela, and that it urge the Government of Venezuela to:
1. immediately end all unlawful acts of violence and repression against civilians, including the activities of armed civilian groups, and
2. commit to meaningful and inclusive dialogue centred on the need to:
(a) restore the rule of law and constitutionalism, including the independence of the judiciary and other state institutions;
(b) respect and uphold international human rights obligations, including the freedoms of expression and the press; and,
(c) take swift and appropriate measures to curb inflation, corruption and lawlessness, and to ensure the safety and wellbeing of all Venezuelans.
That the Senate of Canada further encourage all parties and parliamentarians in Venezuela to:
1. encourage their supporters to refrain from violence and the destruction of public and private property; and,
2. commit to dialogue aimed at achieving a political solution to the current crisis and its causes.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, 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. 18, 19, 21, 28, 10, 13, 16, 29, 26, 14, 20, 23, 27, 34, 5, 33, 30, 31 and 15 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Nolin calling the attention of the Senate to its role in protecting minorities.
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 22 was called and, pursuant to rule 4-15(2), dropped from the Order Paper.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons in the following words:
Tuesday, October 21, 2014
RESOLVED,—That, whereas over 57 million children around the world are denied access to primary education;
Whereas girls are still disproportionately denied access to basic education around the world;
Whereas Canada supports global efforts to ensure that all girls and boys have access to basic education;
Whereas Malala Yousafzai fearlessly documented her challenges simply to attend school under the barbaric rule of the Taliban, a listed terrorist organization under Canadian law;
Whereas she suffered a horrific attack perpetrated by the Taliban who, to this day, wish for her to be silenced;
Whereas Canadians and the civilized world were united in standing against this attack and are intent on honouring the bravery of Malala Yousafzai;
Whereas she has been recognised on numerous of occasions as a champion for fundamental human rights and access to education, including most recently being awarded the Nobel Peace Prize in recognition for her advocacy for universal education;
Whereas she continues to fight for the empowerment of girls and women;
Whereas she serves as a role model and an inspiration to all Canadians and the world in her fight for universal education,
Therefore __________ the House of Commons resolve to bestow the title of "honourary Canadian citizen'' on Malala Yousafzai; and
ORDERED,—That a message be sent to the Senate requesting that House to unite with this House in the said resolution by filling in the blank with the words "the Senate and''.
ATTEST
MARC BOSC
Acting Clerk of the House of Commons
With leave of the Senate,
The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Cowan:
That the Senate does agree with the House of Commons in the said resolution by filling up the blank space left therein with the words, "the Senate and''; and
That a message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Verner, P.C.:
That the papers and evidence received and taken and work accomplished by the Standing Senate Committee on Foreign Affairs and International Trade during its study of Bill S-10, An Act to implement the Convention on Cluster Munitions, during the First Session of the Forty-first Parliament, be referred to the committee for the purposes of its study of Bill C-6, An Act to implement the Convention on Cluster Munitions, during the current session.
After debate,
The Honourable Senator Cowan 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, on division.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Manitoba, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/41-889.
Report of the Judge Advocate General to the Minister of National Defence on the Administration of Military Justice for the fiscal year ended March 31, 2014, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 9.3(3).—Sessional Paper No. 2/41-890.
Summary of the intergovernmental commitment between Canada and Honduras regarding goods to be included in the Import Control List, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, sbs. 5(2).—Sessional Paper No. 2/41-891.
Copy of Regulations Amending the United Nations Al-Qaida and Taliban Regulations (P.C. 2014-974), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/41-892.
Copy of Regulations Implementing the United Nations Resolutions on Yemen (P.C. 2014-975), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/41-893.
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 5:05 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 Watt replaced the Honourable Senator Moore (October 17, 2014).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Tkachuk replaced the Honourable Senator Unger (October 20, 2014).
The Honourable Senator Enverga replaced the Honourable Senator Seth (October 9, 2014).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tannas replaced the Honourable Senator Eaton (October 9, 2014).
The Honourable Senator Bellemare replaced the Honourable Senator Rivard (October 9, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Mitchell (October 9, 2014).
The Honourable Senator Mitchell replaced the Honourable Senator Jaffer (October 9, 2014).
Standing Senate Committee on National Finance
The Honourable Senator Verner, P.C., replaced the Honourable Senator Rivard (October 20, 2014).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Moore replaced the Honourable Senator Charette-Poulin (October 9, 2014).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Merchant replaced the Honourable Senator Smith, P.C. (Cobourg) (October 9, 2014).
The Honourable Senator Oh was removed from the membership of the committee, substitution pending (October 9, 2014).
The Honourable Senator Wells was removed from the membership of the committee, substitution pending (October 9, 2014).
The Honourable Senator Enverga replaced the Honourable Senator Ngo (October 9, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Cordy replaced the Honourable Senator Mercer (October 17, 2014).
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Merchant (October 14, 2014).