Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 23
Wednesday, October 26, 2011
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, *Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer
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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Champagne, P.C., for the second reading of Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Dyck, moved, seconded by the Honourable Senator Hervieux-Payette, P.C., 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. 1 and 2 were called and postponed until the next sitting.
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That, at the end of consideration of Government Bills on Tuesday, November 1, 2011, the Senate resolve itself into a Committee of the Whole in order to receive Mr. Michael Ferguson respecting his appointment as Auditor General of Canada; and
That the Committee of the Whole report to the Senate no later than ninety minutes after it begins.
The question being put on the motion, it was adopted, on division.
Orders No. 13 and 1 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Hubley, for the second reading of Bill S-206, An Act respecting World Autism Awareness Day.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Munson moved, seconded by the Honourable Senator Dawson, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Ordered, That Motion No. 29 standing in the name of the Honourable Senator Jaffer on the Notice Paper be brought forward.
MOTIONS
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Hubley:
That the Standing Senate Committee on Human Rights be authorized to examine issues of discrimination in the hiring and promotion practices of the Federal Public Service, to study the extent to which targets to achieve employment equity are being met, and to examine labour market outcomes for minority groups in the private sector; and
That the committee submit its final report to the Senate no later than June 30, 2012.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 2 and 3 were called and postponed until the next sitting.
Second reading of Bill S-203, 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 Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Cowan, that the bill be read the second time.
After debate,
The Honourable Senator Frum moved, seconded by the Honourable Senator Finley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 5 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the consideration of the first report of the Standing Joint Committee on the Library of Parliament (mandate of the committee and quorum), presented in the Senate on October 4, 2011.
The Honourable Senator Poulin moved, seconded by the Honourable Senator Hubley, that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Other
Orders No. 3 (inquiry), 2 (motion), 7, 4 and 10 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Downe:
That,
Whereas, in accordance with the Universal Declaration of Human Rights proclaimed by the United Nations:
"Everyone has the right to life, liberty and security of person'' (Article 3);
"No one shall be subjected to torture or to cruel, inhuman or degrading treatment'' (Article 5);
"Everyone charged with a crime is presumed innocent until proved guilty according to law in a public trial at which all the guarantees necessary for his defense have been provided'' (Article 11, paragraph 1) and
"Everyone has the right to freedom of thought, conscience and religion'' (Article 18);
Whereas Pakistan is an active member of the United Nations since 1947;
Whereas, the international community has demonstrated its compassion and solidarity with the Pakistani people when it is faced with suffering, as was the case during the devastating floods during the summer of 2010;
Whereas Ms. Asia Bibi has been detained since June 2009 in conditions unworthy of human beings without a fair trial and that her health has been compromised,
That, the Senate of Canada calls on the Government of Pakistan to immediately release Ms. Asia Bibi, to ensure her safety and wellbeing, to hear the outcry of the international community and to respect the principles of the Universal Declaration of Human rights; 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 question being put on the motion, it was adopted.
Order No. 6 (inquiry) was called and postponed until the next sitting.
Order No. 2 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Cowan called the attention of the Senate to the remarkable record of public service of our former colleague, the Honourable Lowell Murray, P.C., who served with us in this chamber for 32 years before his retirement on September 26, 2011.
After debate,
The Honourable Senator Carignan, for the Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Meighen, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Actuarial Report (including cost certificate) on the Pension Plan for the Canadian Forces as at March 31, 2010, and certification of assets of the Pension Plan, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/41-543.
Report on the Public Servants Disclosure Protection Act for the fiscal year ended March 31, 2011, pursuant to the Act, S.C. 2005, c. 46, sbs. 38.1(4).—Sessional Paper No. 1/41-544.
Actuarial Report (including cost certificate) on the Pension Plan for the Canadian Forces - Reserve Force as at March 31, 2010, and certification of assets of the Pension Plan, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, s. 59.6.—Sessional Paper No. 1/41-545.
Report of the Public Service Commission for the fiscal year ended March 31, 2011, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23'' and 13. —Sessional Paper No. 1/41-546.
Report of the Public Service Commission entitled "Public Service Commission Audit Reports 2011'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23'' and 13. —Sessional Paper No. 1/41-547.
Report of the Public Service Commission entitled "Report on the Agreement on the Follow-Up to the Audit of the Immigration and Refugee Board of Canada'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23'' and 13.—Sessional Paper No. 1/41-548.
Report on the activities of the Courts Administration Service for the fiscal year ended March 31, 2011, pursuant to the Courts Administration Service Act, S.C. 2002, c. 8, sbs. 12(2).—Sessional Paper No. 1/41-549.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Wallace:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:54 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Merchant replaced the Honourable Senator Sibbeston (October 25, 2011).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Poirier replaced the Honourable Senator Frum (October 26, 2011).
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Losier-Cool (October 25, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Neufeld replaced the Honourable Senator Angus (October 26, 2011).