Journals of the Senate
2nd Session, 41st Parliament
Issue 151
Thursday, June 11, 2015
1:30 p.m.
The Honourable Leo Housakos, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, 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, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, 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, 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
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
With leave of the Senate,
The Honourable Senator Andreychuk tabled the following:
Document entitled: Resolution of the Canada Africa Parliamentary Association Urging Parliamentarians to Lead in Upholding the Rights of Persons with Albinism.—Sessional Paper No. 2/41-1255S.
Presenting or Tabling Reports from Committees
The Honourable Senator Patterson, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its eleventh report (Bill C-63, An Act to give effect to the Déline Final Self-Government Agreement and to make consequential and related amendments to other Acts, without amendment).
With leave of the Senate,
The Honourable Senator Tannas moved, seconded by the Honourable Senator Oh, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its tenth report entitled: North American Neighbours: Maximizing Opportunities and Strengthening Cooperation for a more Prosperous Future.—Sessional Paper No. 2/41-1256S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, 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 Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its thirtieth report (Bill C-12, An Act to amend the Corrections and Conditional Release Act, without amendment).
The Honourable Senator McInnis moved, seconded by the Honourable Senator McIntyre, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer, Chair of the Standing Senate Committee on Human Rights, presented its twelfth report (budget—study on the Hague Abductions Convention—power to hire staff).
(The report is printed as an appendix at pages 2001-2006 (available in print format PDF).)
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, 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 Senate Public Bills
The Honourable Senator Moore introduced a Bill S-230, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins).
The bill was read the first time.
The Honourable Senator Moore moved, seconded by the Honourable Senator Dawson, 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.
° ° °
The Honourable Senator Hervieux-Payette, P.C., introduced a Bill S-231, An Act to amend the Firearms Act, the Criminal Code and the Defence Production Act.
The bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Day, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Smith, P.C. (Cobourg), tabled the following:
Report of the Delegation of the Canadian Branch of the Commonwealth Parliamentary Association regarding its Bilateral Visit to the Caribbean, held in St. George, Grenada, St. Vincent and the Grenadines, and Road Town, Tortola, British Virgin Islands, from April 21 to 26, 2014).—Sessional Paper No. 2/41-1257.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Fortin- Duplessis, for the third reading of Bill C-26, An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act 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 third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Third reading of Bill C-63, An Act to give effect to the Déline Final Self-Government Agreement and to make consequential and related amendments to other Acts.
The Honourable Senator Tannas moved, seconded by the Honourable Senator Batters, 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 a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
With leave,
The Senate reverted to Presenting or Tabling Reports from Committees.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, tabled its twenty- second report (Subject-matter of Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures).—Sessional Paper No. 2/41-1258S.
The Honourable Senator Day moved, seconded by the Honourable Senator Mitchell, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Reports of Committees — Other
Consideration of the twenty-first report (Second Interim) of the Standing Senate Committee on National Finance (Main Estimates 2015-2016), tabled in the Senate on June 9, 2015.
The Honourable Senator Day moved, seconded by the Honourable Senator Mitchell, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills — Second Reading
Second reading of Bill C-66, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Manning, that the bill be read the second time.
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 Smith (Saurel) moved, seconded by the Honourable Senator Ataullahjan, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Consideration of the twentieth report of the Standing Senate Committee on National Finance (Supplementary Estimates (A) 2015-2016), tabled in the Senate on June 9, 2015.
The Honourable Senator Day moved, seconded by the Honourable Senator Fraser, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills — Second Reading
Second reading of Bill C-67, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Batters, that the bill be read the second time.
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 Smith (Saurel) moved, seconded by the Honourable Senator Ataullahjan, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Orders No. 3 to 8 were called and postponed until the next sitting.
Motions
Order No. 114 was called and postponed until the next sitting.
Inquiries
Order No. 2 was called and postponed until the next sitting.
Other
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Third Reading
Third reading of Bill S-224, An Act respecting National Seal Products Day, as amended.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Fraser, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill, as amended, 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.
Commons Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Oh, for the third reading of Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms).
After debate,
The Honourable Senator Plett moved, seconded by the Honourable Senator LeBreton, P.C., 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.
Senate Public Bills — Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Commons Public Bills — Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 7 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Orders No. 73, 9, 55, 62, 60, 113, 47 and 79 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion, as modified, of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Joyal, P.C.:
That, the Senate of Canada calls on the Government of Pakistan to immediately release Ms. Asia Bibi, a Christian woman who is being arbitrarily detained due to her religious beliefs;
That, the Senate of Canada declare its intention to request that Canada grant her and her family asylum, if she so requests; and
That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.
After debate,
The Honourable Senator Mockler moved, seconded by the Honourable Senator Wallace, that further debate on the motion, as modified, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 66 and 56 were called and postponed until the next sitting.
Inquiries
Orders No. 53, 54, 51, 52, 47, 41, 44, 42, 43, 45, 34, 17, 13 and 21 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Dawson moved, seconded by the Honourable Senator Moore:
That, notwithstanding the order of the Senate adopted on Monday, December 9, 2013, the date for the final report of the Standing Senate Committee on Transport and Communications in relation to its study on the challenges faced by the Canadian Broadcasting Corporation in relation to the changing environment of broadcasting and communications be extended from June 30, 2015 to July 30, 2015; and
That the Standing Senate Committee on Transport and Communications be permitted, between June 22, 2015 and July 30, 2015 and notwithstanding usual practices, to deposit with the Clerk of the Senate a report, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber
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 have the power to sit at 5 p.m. on Monday, June 15, 2015, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Smith, P.C. (Cobourg):
That the Standing Senate Committee on Human Rights have the power to sit at 4 p.m. on Monday, June 15, 2015, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Hubley:
That all Honourable senators whose names appear in the report of the Auditor General on expenditures of the Senate are forbidden to sit on the Standing Committee on Internal Economy, Budgets and Administration as well as the Standing Committee on Rules, Procedures and the Rights of Parliament until the arbitrator or any other legal proceeding has given them a final decision.
After debate,
With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:
That Honourable senators whose expenses have been questioned by the Auditor General in his report on Senate spending, are forbidden to sit on the Standing Committee on Internal Economy, Budgets and Administration as well as the Standing Committee on Rules, Procedures and the Rights of Parliament until the arbitrator or any other legal proceeding has given them a final decision.
After debate,
The Honourable Senator Maltais moved, seconded by the Honourable Senator Doyle, that further debate on the motion, as modified, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Cools called the attention of the Senate to:
(a) the statutory officer the Auditor General of Canada, and to the Auditor General Act, in which parliament wilfully granted him no powers to subject or compel senators or members of parliament, to audit examination; and, to this Act's Powers and Duties sections 5-12, and section 5 that commands:
The Auditor General is the auditor of the accounts of Canada, . . .
and,
(b) to the constitutional truth that the Senate is no part of the accounts of Canada, nor of the public administration, nor of the public service; and, to the constitutional fact that this parliament's upper house the Senate, like the Commons House, is not a department of government headed and directed by a government minister of the crown; and, to the Auditor General Act's section 7 that commands the Auditor General to report to the Commons House on his public accounts audits, but which Act has no section that authorizes this auditor to report to the Senate on anything, and most particularly not on an audit examination of senators, largely because this Act grants no power to report on that which it grants no power to do, and in fact forbids; and, to the critical fact that the Auditor General Act is subject to the abiding law of the constitution, known as the " sovereignty of parliament,'' which he is sworn to uphold; and,
(c) to the constitutional fact that the auditor general's audit of the Senate and senators is no part of the data or information he requires "to the fulfillment of his or her responsibilities'' as the auditor of the accounts of Canada, pursuant to the Auditor General Act section 13.(1), 14.(1) and 14.(2); and, to the fact that senators and the Senate are not subject to his Act's section 13.(4) which grants him powers as a commissioner under the Inquiries Act, Part I, because the Senate, is "no part of the accounts of Canada,'' nor of the public service, nor of the public administration; and,
(d) to the 1987 Federal Court of Appeal ruling, against the Auditor General in his quest for access to cabinet documents in the Petrofina case, wherein Justice Pratte, concurring with the lead Justice Heald, held that the Auditor General is the "auditor of the accounts of Canada'' and, "whatever be his rights under ss. 13 and 14, he may only exercise them in fulfilling his responsibility as auditor of the accounts of Canada,'' and, to the constitutional fact that audit of the senators is no part of the Auditor General's rights, powers, nor "the fulfillment of his or her responsibilities'' by the Auditor General Act.
After debate,
The Honourable Senator Cools, for the Honourable Senator McCoy, moved, seconded by the Honourable Senator Dawson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That Order No. 114 under ORDERS OF THE DAY, GOVERNMENT BUSINESS, Motions, be again called.
The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, June 15, 2015 at 6 p.m.; and
That rule 3-3(1) be suspended on that day.
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 administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2015, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 2/41-1254.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:36 p.m. the Senate was continued until Monday, June 15, 2015 at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Oh replaced the Honourable Senator Fortin-Duplessis (June 11, 2015).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator MacDonald replaced the Honourable Senator Black (June 10, 2015).
The Honourable Senator Black replaced the Honourable Senator Mockler (June 10, 2015).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Oh replaced the Honourable Senator Meredith (June 11, 2015).
The Honourable Senator Johnson replaced the Honourable Senator Neufeld (June 11, 2015).
The Honourable Senator Demers replaced the Honourable Senator MacDonald (June 11, 2015).
The Honourable Senator Doyle replaced the Honourable Senator Verner, P.C. (June 11, 2015).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Wallace replaced the Honourable Senator Wells (June 11, 2015).
The Honourable Senator Chaput replaced the Honourable Senator Cordy (June 10, 2015).
The Honourable Senator Wells replaced the Honourable Senator Wallace (June 10, 2015).