Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 12
Sunday, June 26, 2011
11:00 a.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, De Bané, Demers, Di Nino, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Runciman, Segal, Seidman, Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, De Bané, Demers, Di Nino, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Runciman, Segal, Seidman, Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin
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.
(Pursuant to rule 17(1) the Senate was recalled to sit thish date, rather than June 27, 2011 as previously ordered.)
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Carignan tabled the following:
2010 Annual Report on the RCMP's use of the Law Enforcement Justification Provisions pursuant to section 25.3 of the Criminal Code.—Sessional Paper No. 1/41-204.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-6, An Act to provide for the resumption and continuation of postal services, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard, that the bill be placed on the Orders of the Day for a second reading later this day.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-1001, An Act respecting Queen's University at Kingston.
And to acquaint the Senate that the Commons has passed this bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-6, An Act to provide for the resumption and continuation of postal services.
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Duffy, 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 Carignan moved, seconded by the Honourable Senator Rivard, that the bill be referred to a Committee of the Whole now.
The question being put on the motion, it was adopted.
COMMITTEE OF THE WHOLE
The Senate was accordingly adjourned during pleasure and put into a Committee of the Whole on Bill C-6, An Act to provide for the resumption and continuation of postal services, the Honourable Senator Oliver in the Chair.
—In the Committee—
Pursuant to Rule 21, the Honourable Lisa Raitt, P.C., M.P., Minister of Labour, with Ms. Hélène Gosselin, Deputy Minister of Labour, Human Resources and Skills Development Canada, Mr. Christian Beaulieu, Senior Counsel, Labour Group Head, Department of Justice, and Mr. Guy Baron, Director General, Federal Mediation and Conciliation Service, Human Resources and Skills Development Canada; and the Honourable Steven Fletcher, P.C., M.P., Minister of State (Transport), with Mr. André Morency, Assistant Deputy Minister, Corporate Management and Crown Corporation Governance, Transport Canada, and Ms. Brittany Beaudin, Assistant, were escorted to a seat in the Senate Chamber.
Debate.
With leave, Mr. Deepak Chopra, President and Chief Executive Officer, Canada Post Corporation, and Mr. Jacques Côté, Chief Operating Officer, Canada Post Corporation, were escorted to a seat in the Senate Chamber.
Debate.
With leave, Mr. Denis Lemelin, President, Canadian Union of Postal Workers, and Mr. Geoff Bickerton, Director of Research, Canadian Union of Postal Workers, were escorted to a seat in the Senate Chamber.
Debate.
The title of the Bill was read and postponed.
Clause 1, the short title of the Bill, was read and postponed.
Clause 2 of the Bill was read.
The question of concurrence being put on Clause 2 of the Bill, it was adopted, on division.
Clause 3 of the Bill was read.
The question of concurrence being put on Clause 3 of the Bill, it was adopted, on division.
Clause 4 of the Bill was read.
The question of concurrence being put on Clause 4 of the Bill, it was adopted, on division.
Clause 5 of the Bill was read.
The question of concurrence being put on Clause 5 of the Bill, it was adopted, on division.
Clause 6 of the Bill was read.
The question of concurrence being put on Clause 6 of the Bill, it was adopted, on division.
Clause 7 of the Bill was read.
The question of concurrence being put on Clause 7 of the Bill, it was adopted, on division.
Clause 8 of the Bill was read.
The question of concurrence being put on Clause 8 of the Bill, it was adopted, on division.
Clause 9 of the Bill was read.
The question of concurrence being put on Clause 9 of the Bill, it was adopted, on division.
Clause 10 of the Bill was read.
The question of concurrence being put on Clause 10 of the Bill, it was adopted, on division.
Clause 11 of the Bill was read.
The question of concurrence being put on Clause 11 of the Bill, it was adopted, on division.
Clause 12 of the Bill was read.
The question of concurrence being put on Clause 12 of the Bill, it was adopted, on division.
Clause 13 of the Bill was read.
The question of concurrence being put on Clause 13 of the Bill, it was adopted, on division.
Clause 14 of the Bill was read.
The question of concurrence being put on Clause 14 of the Bill, it was adopted, on division.
Clause 15 of the Bill was read.
The question of concurrence being put on Clause 15 of the Bill, it was adopted, on division.
Clause 16 of the Bill was read.
The question of concurrence being put on Clause 16 of the Bill, it was adopted, on division.
Clause 17 of the Bill was read.
The question of concurrence being put on Clause 17 of the Bill, it was adopted, on division.
Clause 18 of the Bill was read.
The question of concurrence being put on Clause 18 of the Bill, it was adopted, on division.
Clause 19 of the Bill was read.
The question of concurrence being put on Clause 19 of the Bill, it was adopted, on division.
Clause 20 of the Bill was read.
The question of concurrence being put on Clause 20 of the Bill, it was adopted, on division.
Clause 21 of the Bill was read.
The question of concurrence being put on Clause 21 of the Bill, it was adopted, on division.
Clause 22 of the Bill was read.
The question of concurrence being put on Clause 22 of the Bill, it was adopted, on division.
Clause 1, the short title of the Bill, was again read.
The question of concurrence being put on Clause 1, the short title of the Bill, it was adopted, on division.
The title of the Bill was again read.
The question of concurrence being put on the title of the Bill, it was adopted, on division.
The question of concurrence being put on the Bill, it was adopted, on division.
The question of concurrence in the motion that the Chair report the Bill to the Senate without amendment being put, it was adopted, on division.
The sitting of the Senate resumed.
The Chair of the Committee stated that the Committee had examined Bill C-6 and had directed him to report the same to the Senate, without amendment.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Mockler, that the bill be read the third time now.
After debate,
In amendment, the Honourable Senator Cowan moved, seconded by the Honourable Senator Hubley, that Bill C-6 be not now read a third time, but that it be amended:
(a) on page 4, clause 11, by deleting lines 19 to 36;
(b) on page 5, clause 13,
(i) by replacing line 11 with the following:
"13. (1) Subject to subsection (2),'', and
(ii) by deleting lines 24 to 30;
(c) on page 5, clause 14, by replacing line 31 with the following:
"14. (1) Despite''; and
(d) on page 6, clause 16, by replacing lines 20 and 21 with the following:
"provided for in subsection 14(1), and to give''.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Cowan, that Bill C-6 be not now read a third time, but that it be amended:
(a) on page 2, in clause 6, by adding the following after the word "effect'':
", except for the period beginning on June 15, 2011 and ending when this Act comes into force.''; and
(b) on page 7, clause 21, by replacing lines 21 and 22 with the following:
"21. For the purposes of this Act, the employer and the union are deemed to be persons.''
The question being put on the motions in amendment, they were negatived.
The question then being put on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator Mockler, for the third reading of Bill C-6, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Cools, Demers, Di Nino, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Meredith, Mockler, Nancy Ruth, Neufeld, Nolin, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Verner, Wallace, Wallin—53
NAYS
The Honourable Senators
Baker, Carstairs, Chaput, Cordy, Cowan, Dallaire, De Bané, Downe, Eggleton, Fairbairn, Fox, Fraser, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mahovlich, McCoy, Mercer, Merchant, Mitchell, Murray, Pépin, Poulin, Ringuette, Tardif—26
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill C-6 was 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 Introduction and First Reading of Senate Public Bills.
The Honourable Senator Cordy presented a Bill S-204, An Act to establish a national strategy for chronic cerebrospinal venous insufficiency (CCSVI).
The bill was read the first time.
The Honourable Senator Cordy moved, seconded by the Honourable Senator Merchant, 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
Reports of Committees
Consideration of the third report (first interim) of the Standing Senate Committee on National Finance (2011-2012, Estimates), presented in the Senate on June 23, 2011.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Braley, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills
Third reading of Bill C-8, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2012.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Kochhar, that the bill be read the third time.
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.
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
June 26, 2011
Mr. Speaker:
I have the honour to inform you that the Honourable Louise Charron, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, will proceed to the Senate Chamber today, the 26th day of June, 2011, at 8:30 p.m., for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Bills
Third reading of Bill C-9, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2012.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Stewart Olsen, that the bill be read the third time.
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.
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Other
Orders No. 4, 6 and 2 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Manning moved, seconded by the Honourable Senator Smith (Saurel):
That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and to report on issues relating to the federal government's current and evolving policy framework for managing Canada's fisheries and oceans;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Third Session of the Fortieth Parliament be referred to the committee; and
That the committee report from time to time to the Senate but no later than September 30, 2012, and that the Committee retain all powers necessary to publicize its findings until December 31, 2012.
The question being put on the motion, it was adopted.
Ordered, That Order No. 1 under ORDERS OF THE DAY, OTHER BUSINESS, Reports of Committees, be again called.
Consideration of the first report of the Standing Joint Committee for the Scrutiny of Regulations (permanent order of reference and expenses re rule 104), presented in the Senate on June 23, 2011.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Eaton, that the report be adopted.
The question being put on the motion, it was adopted.
Ordered, That the sitting be suspended to reassemble at 8:30 p.m. with a fifteen minute bell.
(Accordingly, at 7:20 p.m., the sitting was suspended.)
Pursuant to rule 134(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of His Excellency the Governor General.
After awhile, the Honourable Louise Charron, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, having come and being seated at the foot of the Throne.
The Honourable the Speaker commanded the Acting Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
"It is the desire of the Honourable the Deputy of His Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the title of the bills to be assented to as follows:
An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 (Bill C-3, Chapter 15, 2011)
An Act to amend the Criminal Code (mega-trials) (Bill C-2, Chapter 16, 2011)
An Act to provide for the resumption and continuation of postal services (Bill C-6, Chapter 17, 2011)
An Act respecting Queen's University at Kingston (Bill S-1001)
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills.''
8:43 p.m.
The Acting Speaker of the House of Commons addressed the Honourable the Deputy of His Excellency the Governor General as follows:
"May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Honour the following Bills:
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2012 (Bill C-8, Chapter 18, 2011)
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2012 (Bill C-9, Chapter 19, 2011),
To which Bills I humbly request Your Honour's Assent.''
After one of the Clerks at the Table read the titles of the Bills.
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills.''
8:47 p.m.
The Commons withdrew.
After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.
At 8:49 p.m. the sitting resumed.
With leave,
The Senate reverted to Government Notices of Motions
With leave of the Senate,
The Honourable Senator Carignan, moved, seconded by the Honourable Senator Poirier:
That when the Senate adjourns today, it do stand adjourned until Tuesday, September 27, 2011, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE
CLERK OF THE SENATE PURSUANT
TO RULE 28(2):
Report on Canada's activities as a Member Nation of the Food and Agriculture Organization of the United Nations for the fiscal year ended March 31, 2011, pursuant to the Food and Agriculture Organization of the United Nations Act, R.S.C. 1985, c. F-26, s. 4. —Sessional Paper No. 1/41-182.
Reports of the National Capital Commission for the fiscal year ended March 31, 2011, 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. 1/41-183.
Reports of the Nunavut Water Board for the fiscal year ended March 31, 2011, 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. 1/41-184.
Reports of the Mackenzie Valley Land and Water Board for the fiscal year ended March 31, 2011, 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. 1/41- 185.
Reports of the Mackenzie Valley Environmental Impact Review Board for the fiscal year ended March 31, 2011, 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. 1/41-186.
Reports of the Yukon Environmental and Socioeconomic Assessment Board for the fiscal year ended March 31, 2011, 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. 1/41-187.
Report of the Royal Canadian Mint, together with the Auditor General's Report, for the year 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-188.
Report of the Canada Post Corporation for the year ended December 31, 2010, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-189.
Report of Ridley Terminals Inc. for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-190.
Reports of the Canadian Air Transport Security Authority for the fiscal year ended March 31, 2011, 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. 1/41- 191.
Reports of the Canadian Forces Grievance Board for the fiscal year ended March 31, 2011, 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. 1/41-192.
Reports of the National Defence and Canadian Forces Ombudsman for the fiscal year ended March 31, 2011, 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) and s. 73.—Sessional Paper No. 1/41-193.
Report of Atomic Energy of Canada Limited, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-194.
Reports of the Canada Revenue Agency for the fiscal year ended March 31, 2011, 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. 1/41-195.
Agreement for RCMP policing services (Aboriginal Community Constable Program) 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. 1/41-196.
Agreement for RCMP policing services (First Nations Community Policing Service) for the province of Alberta, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-197.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Prince Edward Island and the Lennox Island First Nation, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 1/41-198.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Alberta, the North Peace Tribal Council and the Lesser Slave Lake Indian Regional Council, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c.R-10, sbs. 20(5).—Sessional Paper No. 1/41-199.
Agreement for RCMP policing services (First Nations Community Policing Service) for the province of Prince Edward Island, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-200.
Agreements respecting Biology Casework Analysis between the RCMP and the provinces of British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Nova Scotia, and Yukon, the Northwest Territories and Nunavut, pursuant to the Royal Canadian Mounted Police Act, R. S. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-201.
Report of the Royal Canadian Mounted Police External Review Committee for the fiscal year ended March 31, 2011, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, s. 30.—Sessional Paper No. 1/41-202.
Reports of the Canada Border Services Agency for the fiscal year ended March 31, 2011, 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. 1/41-203.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Duffy:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 8:50 p.m. the Senate was continued until Tuesday, September 27, 2011 at 2 p.m.)