Journals
Download as PDF
Text size:

64 Elizabeth II , A.D. 2015, Canada

1st Session, 42nd Parliament

Issue 3 (Revised)

Tuesday, December 8, 2015
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

BattersBellemareBeyakBlackBoisvenuCampbellCarignanChaputCoolsCordyCowanDagenaisDawsonDayDemersDowneDoyleEatonEggletonEnvergaFraserFrumFureyGreeneHervieux-PayetteHousakosHubleyJafferJohnsonJoyalKennyLangLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhPattersonPlettPoirierRaineRinguetteRuncimanSeidmanSibbestonSmith (Cobourg)Smith (Saurel)Stewart OlsenTannasWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

BattersBellemareBeyakBlackBoisvenuCampbellCarignanChaputCoolsCordyCowanDagenaisDawsonDayDemersDowneDoyleEatonEggletonEnvergaFraserFrumFureyGreeneHervieux-PayetteHousakosHubleyJafferJohnsonJoyalKennyLangLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhPattersonPlettPoirierRaineRinguette*RivardRuncimanSeidmanSibbestonSmith (Cobourg)Smith (Saurel)Stewart OlsenTannasWallaceWallinWattWellsWhite

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

Pursuant to rule 13-3(4), the the Honourable Senator Hervieux-Payette, P.C., gave notice that she would raise a question of privilege concerning media leaks in relation to the Auditor General’s report on Senators’ expenses.

o o o

Pursuant to rule 13-3(4), the Honourable Senator Housakos gave notice that he would raise a question of privilege concerning the government’s failure to appoint a Government Leader in the Senate.

o o o

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Information Commissioner for the period ending March 31, 2015, pursuant to the Access to Information Act, R.S.C., 1985, c. A-1, sbs. 40(1).—Sessional Paper No. 1/42-16.

o o o

With leave of the Senate,

The Honourable Senator Fraser tabled the following:

Public Accounts of Canada for the fiscal year ended March 31, 2015, as follows: (1) Volume I — Summary Report and Consolidated Financial Statements, (2) Volume II — Details of Expenses and Revenues, (3) Volume III—Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1).—Sessional Paper No. 1/42-17.

Supplementary Estimates (B) 2015-2016.—Sessional Paper No. 1/42-18.

o o o

The Honourable Senator Joyal, P.C., tabled the following:

Preliminary determination letter of the Senate Ethics Officer, dated November 26, 2015, addressed to the Honourable Senator Hervieux-Payette, P.C., pursuant to subsection 47(17) of the Ethics and Conflict of Interest Code for Senators.—Sessional Paper No. 1/42-19S.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Cowan introduced Bill S-201, An Act to prohibit and prevent genetic discrimination.

The bill was read the first time.

The Honourable Senator Cowan moved, seconded by the Honourable Senator Fraser, 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.

o o o

The Honourable Senator Cools introduced Bill S-202, An Act to amend the Divorce Act (shared parenting plans).

The bill was read the first time.

The Honourable Senator Cools moved, seconded by the Honourable Senator McCoy, 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.

o o o

The Honourable Senator Moore introduced Bill S-203, 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.

o o o

The Honourable Senator Moore introduced Bill S-204, An Act to amend the Financial Administration Act (borrowing of money).

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.

o o o

The Honourable Senator Moore introduced Bill S-205, An Act to amend the Canada Border Services Agency Act (Inspector General of the Canada Border Services Agency) and to make consequential amendments to other Acts.

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.

o o o

The Honourable Senator Hervieux-Payette, P.C., introduced 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 Joyal, 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.

o o o

The Honourable Senator Hervieux-Payette, P.C., introduced Bill S-207, An Act to modernize the composition of the boards of directors of certain corporations, financial institutions and parent Crown corporations, and in particular to ensure the balanced representation of women and men on those boards.

The bill was read the first time.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Joyal, 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.

o o o

The Honourable Senator Hervieux-Payette, P.C., introduced Bill S-208, An Act respecting National Seal Products Day.

The bill was read the first time.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Joyal, 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.

o o o

The Honourable Senator Chaput introduced Bill S-209, An Act to amend the Official Languages Act (communications with and services to the public).

The bill was read the first time.

The Honourable Senator Chaput moved, seconded by the Honourable Senator Moore, 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.

o o o

The Honourable Senator Jaffer introduced Bill S-210, An Act to amend An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts.

The bill was read the first time.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, 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.

o o o

The Honourable Senator Cordy introduced Bill S-211, An Act respecting National Sickle Cell Awareness Day.

The bill was read the first time.

The Honourable Senator Cordy moved, seconded by the Honourable Senator Jaffer, 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 Interparliamentary Delegations

The Honourable Senator Maltais tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Fourth Part of the 2015 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from September 28 to October 2, 2015.—Sessional Paper No. 1/42-20.

Orders of the Day

With leave of the Senate,

The Honourable Senator Fraser moved, seconded by the Honourable Senator Joyal, P.C.:

That, notwithstanding rule 12-2 and usual practice, the Honourable Senators Bellemare, Chaput, Day, Eaton, Gerstein, Hervieux-Payette, P.C.,  Mockler, Rivard, Smith (Saurel) and Wallace be appointed to serve on the Standing Senate Committee on National Finance until the end of 2015, or until a report of the Committee of Selection recommending the senators to serve on the National Finance Committee has been adopted by the Senate, whichever comes first.

The question being put on the motion, it was adopted.

o o o

With leave of the Senate,

The Honourable Senator Fraser moved, seconded by the Honourable Senator Joyal, P.C.:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (B) for the fiscal year ending March 31, 2016; and

That the committee be authorized to meet on Wednesday, December 9, 2015, Thursday, December 10, 2015 and Friday, December 11, 2015, for the purposes of its study of the expenditures set out in the Supplementary Estimates (B), even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto.

The question being put on the motion, it was adopted.

Government Business

Motions

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy :

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Martin, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

QUESTION OF PRIVILEGE

A point of order was raised concerning the question of privilege of the Honourable Senator Hervieux-Payette, P.C.

Debate.

Ordered, That the sitting be suspended to reassemble at the call of the chair, with a five minute bell.

(Accordingly, at 3:47 p.m., the sitting was suspended.)

At 4:27 p.m., the sitting resumed.

SPEAKER'S RULING

Honourable senators, the point of order is, in essence, that a senator cannot raise a question of privilege that was raised in a previous session, since it does not meet the criterion of being raised at the earliest opportunity.

This point of order raises one of the criteria for giving a question of privilege priority, as set out in rule 13-2(1). Specifically, paragraph (a) states that a question of privilege must “be raised at the earliest opportunity.” Senator Hervieux-Payette has not yet had the opportunity to argue how her question of privilege meets the criteria of rule 13-2(1). The point of order has therefore jumped ahead in the process, raising a point that should be considered as part of the debate on the question of privilege itself.

In addition, it must be noted that the process that Senator Hervieux-Payette has followed reflects our practice. Questions of privilege and points of order are not automatically revived in a subsequent session. They must be raised once again in a new session after the Speech from the Throne. This happened, for example, at the start of the Second Session of the Thirty-sixth Parliament. Both our former Speaker Kinsella and Senator Andreychuk raised questions of privilege previously raised in the first session. The questions of privilege had been sent to committee, but it had not completed its work or reported prior to prorogation.

Senator Cools certainly raised an interesting point about whether this is the best process. Perhaps senators would prefer that questions of privilege from a past session be automatically revived, through some mechanism. But our current Rules and practices do not provide for automatic revival. In terms of process, Senator Hervieux-Payette is following current practices. We should now give her the chance to present her question of privilege. Other senators can certainly present their points of view.

I therefore rule that consideration of the question of privilege can proceed.

o o o

Pursuant to rule 13-5(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Hervieux-Payette, P.C., concerning media leaks in relation to the Auditor General’s report on Senators’ expenses.

After debate,

The Speaker reserved his decision.

o o o

Pursuant to rule 13-5(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Housakos concerning the government’s failure to appoint a Government Leader in the Senate.

After debate,

The Speaker reserved his decision.

ADJOURNMENT

The Honourable Senator Fraser moved, seconded by the Honourable Senator Martin:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 6:03 p.m., the Senate was continued until tomorrow at 2 p.m.)

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Report of the International Development Research Centre, together with the Auditor General’s Report, for the fiscal year ended March 31, 2015, pursuant to the International Development Research Centre Act, R.S.C. 1985, c. I-19, sbs. 22(2).—Sessional Paper No. 1/42-1.

Report on the Government of Canada’s Official Development Assistance for the fiscal year ended March 31, 2015, pursuant to the Official Development Assistance Accountability Act, S.C. 2008, c. 17, s. 5.—Sessional Paper No. 1/42-2.

Reports of the International Development Research Centre for the fiscal year ended March 31, 2015, 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. 1/42-3.

Statement on the Operations of the Veterans Insurance Act for the fiscal year ended March 31, 2015, pursuant to the Veterans Insurance Act, R.S.C. 1970, c. V-3, sbs. 18(2).—Sessional Paper No. 1/42-4.

Statement on the Operations of the Returned Soldiers’ Insurance Act for the fiscal year ended March 31, 2015, pursuant to the Returned Soldiers’ Insurance Act, S.C. 1920, c. 54, sbs. 17(2).—Sessional Paper No. 1/42-5.

Report of the Patented Medicine Prices Review Board for the year ended December 31, 2014, pursuant to the Patent Act, R.S.C., 1985, c. P-4, sbs. 89(4) and 100(4).—Sessional Paper No. 1/42-6.

Report of the Canadian Centre on Substance Abuse, together with the Auditors’ Report, for the fiscal year ended March 31, 2015, pursuant to the Canadian Centre on Substance Abuse Act, R.S.C. 1985, c. 49 (4th Supp.), sbs. 31(2).—Sessional Paper No. 1/42-7.

Report of the Canadian Institutes of Health Research, together with the Auditors’ Report, for the fiscal year ended March 31, 2015, pursuant to the Canadian Institutes of Health Research Act, S.C. 2000, c. 6, sbs. 32(2).—Sessional Paper No. 1/42-8.

Reports of the Patented Medicine Prices Review Board for the fiscal year ended March 31, 2015, 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. 1/42-9.

Reports of the Department of Health for the fiscal year ended March 31, 2015, 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. 1/42-10.

Reports of the Canadian Institutes of Health Research for the fiscal year ended March 31, 2015, 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. 1/42-11.

Reports of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2015, 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. 1/42-12.

Reports of the Public Health Agency of Canada for the fiscal year ended March 31, 2015, 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. 1/42-13.

Report on the applications for ministerial review (miscarriages of justice) for the fiscal year ended March 31, 2015, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, s. 696.5.—Sessional Paper No. 1/42-14.

Report on the activities of the Courts Administration Service for the fiscal year ended March 31, 2015, pursuant to the Courts Administration Service Act, S.C. 2002, c. 8, sbs. 12(2).—Sessional Paper No. 1/42-15.