Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 25
Tuesday, November 1, 2011
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Banks, Boisvenu, Braley, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Sibbeston, 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, Banks, Boisvenu, Braley, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, *Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, *Losier-Cool, MacDonald, Mahovlich, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, *Nolin, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Sibbeston, 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
The Senate observed a minute of silence in memory of Master Corporal Byron Garth Greff, whose tragic death occurred this past Saturday while serving his country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Commissioner of Lobbying regarding an investigation on the lobbying activities of Mark Jiles, pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), s. 10.5. —Sessional Paper No. 1/41-559.
Report of the Commissioner of Lobbying regarding an investigation on the lobbying activities of Graham Bruce, pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), s. 10.5.—Sessional Paper No. 1/41-560.
Report of the Commissioner of Lobbying regarding an investigation on the lobbying activities of René Fugère and André Nollet, pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), s. 10.5.—Sessional Paper No. 1/41-561.
Report of the Commissioner of Lobbying regarding an investigation on the lobbying activities of Paul Ballard, pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), s. 10.5.—Sessional Paper No. 1/41-562.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Mockler, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its third report (budget—study on the agricultural sector—power to hire staff and to travel).
(The report is printed as appendix "A'' at pages 348-357.)
The Honourable Senator Mockler moved, seconded by the Honourable Senator Comeau, 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 Jaffer, Chair of the Standing Senate Committee on Human Rights, presented its second report (budget—study on human rights obligations—power to hire staff and to travel).
(The report is printed as appendix "B'' at pages 358-365.)
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Mercer, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard:
That when the Senate sits as a Committee of the Whole today, it proceed as follows, notwithstanding the order adopted on October 26, 2011:
(a) Ms. Patricia Hassard, Deputy Secretary to the Cabinet, Senior Personnel and Public Service Renewal, and Ms. Michelle d'Auray, Secretary of the Treasury Board of Canada, appear for a maximum of one hour before Mr. Ferguson; and
(b) Mr. Michael Ferguson then appear for a maximum of one hour;
after which the Committee of the Whole shall report to the Senate.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its fourth report (budget—study on cross border shopping—power to hire staff and power to travel).
(The report is printed as appendix "C'' at pages 366-373.)
The Honourable Senator Day moved, seconded by the Honourable Senator Dawson, 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
Bills
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 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 the Standing Senate Committee on Human Rights.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
COMMITTEE OF THE WHOLE
At 3:21 p.m., pursuant to the orders adopted on October 26, 2011 and November 1, 2011, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Ms. Patricia Hassard, Ms. Michelle d'Auray and Mr. Michael Ferguson respecting the appointment of the Auditor General of Canada, the Honourable Senator Oliver in the Chair.
—In the Committee—
Pursuant to the order adopted on November 1, 2011, Ms. Patricia Hassard, Deputy Secretary to the Cabinet, Senior Personnel and Public Service Renewal, Privy Council Office; and Ms. Michelle d'Auray, Secretary of the Treasury Board of Canada, were escorted to their seats in the Senate Chamber.
Debate.
Pursuant to the orders adopted on October 26, 2011 and on November 1, 2011, Mr. Michael Ferguson was escorted to his seat in the Senate Chamber.
Debate.
Ordered, That the Committee rise, and that the Chair report that the Committee has heard the witnesses.
The sitting of the Senate resumed.
The Chair of the Committee informed the Senate that the Committee has heard the witnesses.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Orders No. 13 and 1 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the second report of the Standing Senate Committee on Transport and Communications (budget—study on the Canadian airline industry—power to hire staff and to travel) presented in the Senate on October 27, 2011.
The Honourable Senator Dawson moved, seconded by the Honourable Senator Hubley, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the second report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on the energy sector—power to hire staff and to travel) presented in the Senate on October 27, 2011.
The Honourable Senator Angus moved, seconded by the Honourable Senator Lang, that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 5 was called and postponed until the next sitting.
Consideration of the second report of the Standing Senate Committee on National Security and Defence (budget—study on Canada's National Security and Defence Policies—power to hire staff and power to travel) presented in the Senate on October 27, 2011.
The Honourable Senator Lang moved, seconded by the Honourable Senator Martin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on National Security and Defence (budget—study on Veterans Affairs—power to travel) presented in the Senate on October 27, 2011.
The Honourable Senator Lang moved, seconded by the Honourable Senator Smith (Saurel), that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 8 was called and postponed until the next sitting.
Other
Orders No. 37 (motion), 14, 3 (inquiries), 2 (motion), 7, 4, 10 and 6 (inquiries) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Public Service Labour Relations Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2011, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 1/41-556.
Report of the Public Service Labour Relations Board on the administration of the Public Service Labour Relations Act for the fiscal year ended March 31, 2011, pursuant to the Act, S.C. 2003, c. 22, s. 2 "251(2)''.—Sessional Paper No. 1/41-557.
Report of the Correctional Investigator for the fiscal year ended March 31, 2011, pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 192.—Sessional Paper No. 1/41-558.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:36 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 Agriculture and Forestry
The Honourable Senator Frum replaced the Honourable Senator Ogilvie (October 31, 2011).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Campbell. (October 27, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Sibbeston replaced the Honourable Senator Merchant (October 27, 2011).
Standing Senate Committee on Human Rights
The Honourable Senator Brazeau replaced the Honourable Senator Oliver (November 1, 2011).
The Honourable Senator Oliver replaced the Honourable Senator Brazeau (October 31, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Banks (October 27, 2011).
The Honourable Senator Angus replaced the Honourable Senator Brown (October 27, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Wallace replaced the Honourable Senator Gerstein (October 31, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Wallace (November 1, 2011).
The Honourable Senator Nolin replaced the Honourable Senator Stewart Olsen. (November 1, 2011).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Nolin (October 31, 2011).
The Honourable Senator Wallace, replaced the Honourable Senator Manning. (October 31, 2011).
Standing Senate Committee on Official Languages
The Honourable Senator Poirier replaced the Honourable Senator Raine (November 1, 2011).
The Honourable Senator Raine replaced the Honourable Senator Poirier (October 31, 2011).
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Dawson. (October 27, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Callbeck replaced the Honourable Senator Hubley (October 27, 2011).
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Eaton. (October 27, 2011).