Journals of the Senate
2nd Session, 41st Parliament
Issue 131
Wednesday, April 1, 2015
1:30 p.m.
The Honourable Leo Housakos, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Baker, Batters, Bellemare, Beyak, Black, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Day, Demers, Downe, Doyle, Dyck, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Baker, Batters, Bellemare, Beyak, Black, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, *Dawson, Day, Demers, Downe, Doyle, Dyck, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, 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
SENATORS' STATEMENTS
Tributes
Tribute was paid to the Honourable Aurélien Gill, former Senator, whose death occurred on January 17, 2015.
Senators' Statements
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
Reports on Plans and Priorities, Main Estimates, 2015-2016, as follows:
Aboriginal Affairs and Northern Development Canada and Canadian Polar Commission
Administrative Tribunals Support Service of Canada
Agriculture and Agri-Food Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Revenue Agency
Canada School of Public Service
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian Northern Economic Development Agency
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Copyright Board Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Department of Justice Canada
Department of National Defence
Economic Development Agency of Canada for the Regions of Quebec
Environment Canada
Federal Economic Development Agency for Southern Ontario
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Foreign Affairs, Trade and Development Canada
Health Canada
Employment and Social Development Canada
Immigration and Refugee Board of Canada
Industry Canada
Infrastructure Canada
Library and Archives Canada
Military Grievances External Review Committee
Military Police Complaints Commission
National Energy Board
National Film Board
National Research Council of Canada
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs Canada
Office of the Commissioner of Lobbying Canada
Office of the Commissioner of Official Languages
Office of the Communications Security Establishment Commissioner
Office of the Correctional Investigator Canada
Office of the Information Commissioner of Canada
Office of the Privacy Commissioner of Canada
Office of the Public Sector Integrity Commissioner of Canada
Office of the Superintendent of Financial Institutions
Parks Canada Agency
Parole Board of Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Health Agency of Canada
Public Prosecution Service of Canada
Public Safety Canada
Public Service Commission of Canada
Public Works and Government Services Canada
RCMP External Review Committee
Royal Canadian Mounted Police
Security Intelligence Review Committee
Shared Services Canada
Social Sciences and Humanities Research Council of Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
The National Battlefields Commission
Transport Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Veterans Review and Appeal Board
Western Economic Diversification Canada.—Sessional Paper No. 2/41-1127.
Presenting or Tabling Reports from Committees
The Honourable Senator Ogilvie presented the following:
Wednesday, April 1, 2015
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
NINETEENTH REPORT
Your committee, to which was referred Bill S-208, An Act to establish the Canadian Commission on Mental Health and Justice, has, in obedience to the order of reference of Thursday, June 19, 2014, examined the said bill and now reports as follows:
Your committee recommends that this bill not be proceeded with further in the Senate for the reasons that follow.
Your committee heard strong and compelling evidence that the issues listed in Bill S-208 must be addressed. Canadians struggling with mental health problems are vastly over-represented in our criminal justice system and we fully support the purpose of the bill as set out in the preamble. The issue in discussion was not what needs to be done, but how to best achieve these agreed upon goals.
A number of members of the committee believe that the existing Mental Health Commission of Canada ("the MHCC''), which was established in 2007 by the current government following a recommendation by this committee, would be best situated to fulfil the purpose and duties detailed in Bill S-208. It has access to expertise through established networks of experts, critical stakeholders as well as provincial and territorial governments.
Although the MHCC has clearly stated that it is willing to take on the additional tasks set out in Bill S-208 if given the mandate and resources to do so, some committee members emphasized that its mandate is due to expire in 2017 and that the government has not indicated whether it will be renewed.
Finally, some members were concerned that because the MHCC is not established by statute, it lacks the continuity and stability (as well as accountability to Parliament) that would be desirable in a Commission tasked with the critically important powers and responsibilities set out in Bill S-208.
Despite these shared concerns, your committee recommends that this Bill not be proceeded with further in the Senate for the reasons that follow.
Most of the work proposed in Bill S-208 has already been undertaken by various organizations either independently or in collaboration with the MHCC. The majority of committee members consider that an additional Commission with an overlapping mandate would be inappropriate at this time. On balance, your committee believes that, if properly resourced and directed, the additional tasks detailed in Bill S-208 could be fulfilled by the MHCC rather than by establishing a new Commission.
Accordingly, your committee urges the Government to provide the Mental Health Commission of Canada with a renewed and expanded mandate to incorporate the purpose and duties set out in Bill S-208.
Respectfully submitted,
KELVIN K. OGILVIE
Chair
The Honourable Senator Frum moved, seconded by the Honourable Senator Plett, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Maltais tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the First Part of the 2015 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 26 to 30, 2015.—Sessional Paper No. 2/41-1128.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Dagenais, for the third reading of Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts.
After debate,
In amendment, the Honourable Senator Mitchell moved, seconded by the Honourable Senator Day, that Bill C-44 be not now read a third time, but that it be amended
(a) in clause 2, on page 1, by replacing line 10 with the following:
"having received an explicit promise that their identity will be kept confidential, has'';
(b) on page 4, by adding after line 39 the following:
"8.1 (1) Paragraph 38(1)(a) of the Act is amended by adding the following after subparagraph (iii):
(iii.1) to review the practices of the Service in relation to the giving of promises of confidentiality to human sources,
(2) Paragraph 38(1)(a) of the Act is amended by adding the following after subparagraph (v):
(v.1) to monitor any warrant issued under subsection 21(3) that authorizes activities outside Canada pursuant to subsection 21(3.1),'';
(c) on page 5, by adding after line 4 the following:
"9.2 The Act is amended by adding the following after section 55:
PART III.1
SECURITY OVERSIGHT COMMITTEE OF PARLIAMENT
55.1 (1) There is established a committee, to be known as the Security Oversight Committee of Parliament, which is to be composed of eight members of both Houses of Parliament who are not ministers of the Crown or parliamentary secretaries, and of whom four must be members of the Senate and four must be members of the House of Commons.
(2) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.
(3) A member of either House belonging to an opposition party recognized in that House may only be appointed as a member of the Committee after consultation with the leader of that party.
(4) A member of either House may only be appointed as a member of the Committee after approval of the appointment by resolution of that House.
(5) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.
(6) Every member of the Committee and every person engaged by it must, before commencing the duties of office, take an oath of secrecy and must comply with the oath both during and after their term of appointment or employment.
(7) For purposes of the Security of Information Act, every member of the Committee and every person engaged by it is a person permanently bound to secrecy.
(8) Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.
(9) Meetings of the Committee must be held in camera whenever a majority of members present considers it necessary for the Committee to do so.
(10) The mandate of the Committee is to review the activities of the Service and the legislative, regulatory, policy and administrative framework under which the Service operates, and to report annually to each House of Parliament on the reviews conducted by the Committee.
(11) The Committee has the power to summon before it any witnesses, and to require them to
(a) give evidence orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and
(b) produce such documents and things as the Committee deems requisite for the performance of its duties and functions.
(12) Despite any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (13), the Committee is entitled to have access to any information under the control of federal departments and agencies that relates to the performance of the duties and functions of the Committee and to receive from their employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions.
(13) No information described in subsection (12), other than a confidence of the Queen's Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.
(14) The annual report required under subsection (10) shall be submitted to the Speakers of the Senate and the House of Commons, and the Speakers shall lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report.
(15) In this section, "Committee'' means the Security Oversight Committee of Parliament established by subsection (1).''; and
(d) on page 7, by adding after line 33 the following:
"PARLIAMENTARY REVIEW
12.1 Within two years after the coming into force of this Act, a review of the adequacy of the oversight mechanisms provided for under the Canadian Security Intelligence Service Act shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.''.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Campbell, Chaput, Cordy, Cowan, Day, Downe, Eggleton, Fraser, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Massicotte, Merchant, Mitchell, Moore, Munson, Ringuette, Sibbeston, Smith (Cobourg), Tardif, Watt—24
NAYS
The Honourable Senators
Andreychuk, Batters, Bellemare, Beyak, Black, Carignan, Dagenais, Doyle, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells, White—46
ABSTENTIONS
The Honourable Senators—Les honorables sénateurs
Kenny—1
At 4:36 p.m., pursuant to the order adopted by the Senate on February 6, 2014, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report of the Canadian Nuclear Safety Commission for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1101.
Report of the Canadian Security Intelligence Service for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1102.
Report of the Staff of the Non-Public Funds, Canadian Forces, for the year 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1103.
Report of the Communications Security Establishment for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1104.
Report of the National Energy Board for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1105.
Report of the National Film Board of Canada for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1106.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1107.
Report of the Natural Sciences and Engineering Research Council for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1108.
Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1109.
Report of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1110.
Report of the Statistical Survey Operations for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1111.
Report on the Administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2014, pursuant to the Members of Parliament Retiring Allowances Act, R.S.C. 1985, c. M-5, s. 67.—Sessional Paper No. 2/41-1112.
Report on the Public Service Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2014, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 2/41-1113.
Report on the administration of the Royal Canadian Mounted Police Superannuation Account, together with the Auditor General's Report, for the fiscal year ended March 31, 2014, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31.—Sessional Paper No. 2/41-1114.
Report of the Social Sciences and Humanities Research Council for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 2/41-1115.
Report of the Employment Equity in the Federal Public Service for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).—Sessional Paper No. 2/41-1116.
Report on the Administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2014, pursuant to the Supplementary Retirement Benefits Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 2/41- 1117.
Report of the President of the Treasury Board on Official Languages in federal institutions for the fiscal year ended March 31, 2014, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 48.—Sessional Paper No. 2/ 41-1118.
Report of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1119.
Report of the Canada Revenue Agency for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1120.
Report of the Parks Canada Agency for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1121.
Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1122.
Report of the Royal Canadian Mounted Police (RCMP) for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1123.
Report of National Defence (Canadian Forces) for the fiscal year ended March 31, 2014, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1124.
Report of the Canadian Institutes of Health Research for the year 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-1125.
Summary of the Corporate Business Plan for 2015-2016 to 2017-2018 of the Canada Revenue Agency, pursuant to the Canada Revenue Agency Act, S.C. 1999, c. 17, sbs. 49(2). —Sessional Paper No. 2/41-1126.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Mockler replaced the Honourable Senator Eaton (April 1, 2015).
The Honourable Senator Beyak replaced the Honourable Senator Ataullahjan (April 1, 2015).
Standing Senate Committee on National Finance
The Honourable Senator Maltais replaced the Honourable Senator Eaton (April 1, 2015).
The Honourable Senator Black replaced the Honourable Senator Gerstein (April 1, 2015).