Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 34
Tuesday, November 29, 2011
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Callbeck, Campbell, Carignan, Champagne, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Duffy, Eaton, Eggleton, Fairbairn, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Meighen, Mercer, Merchant, Meredith, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
*Andreychuk, *Angus, Ataullahjan, Baker, *Banks, Boisvenu, Braley, Brazeau, *Brown, Callbeck, Campbell, Carignan, Champagne, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, *De Bané, Demers, *Downe, Duffy, Eaton, Eggleton, Fairbairn, *Finley, *Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, *Johnson, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, *Mahovlich, Manning, Marshall, Martin, *Massicotte, *McCoy, Meighen, Mercer, Merchant, Meredith, *Mitchell, Mockler, Moore, Munson, Nancy Ruth, *Neufeld, Nolin, Ogilvie, 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, Watt, 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.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Special Report to Parliament by the Canadian Human Rights Commission entitled: Human Rights Accountability in National Security Practices, pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(2).—Sessional Paper No. 1/41-608.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Braley, Deputy Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its second report (Amendment to the Rules of the Senate, relating to leaves of absence and suspensions).
(The report is printed as appendix "A'' at pages 679-680.)
The Honourable Senator Braley moved, seconded by the Honourable Senator Raine, 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 fourth report (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, with amendments and observations).
(The report is printed as appendix "B'' at pages 681-682.)
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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Plett, 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.
Presentation of Petitions
The Honourable Senator Mercer presented petitions:
Of Residents of the Province of Saskatchewan concerning the right of farmers to decide the future of their grain marketing organization.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-16, An Act to amend the National Defence Act (military judges).
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard, 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.
Second reading of Bill S-5, An Act to amend the law governing financial institutions and to provide for related and consequential matters.
The Honourable Senator Greene moved, seconded by the Honourable Senator Housakos, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, 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
Orders No. 16 and 1 were called and postponed until the next sitting.
Reports of Committees
Consideration of the third report of the Standing Senate Committee on Transport and Communications (Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, with an amendment), presented in the Senate on November 24, 2011.
The Honourable Senator Dawson moved, seconded by the Honourable Senator Day, that the report be adopted.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Eaton, moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-206, An Act respecting World Autism Awareness Day.
The Honourable Senator Munson moved, seconded by the Honourable Senator Hubley, 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 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.
Orders No. 2 to 4 were called and postponed until the next sitting.
Private Bills
Second reading of Bill S-1002, An Act to authorize the Industrial Alliance Pacific General Insurance Corporation to apply to be continued as a body corporate under the laws of Quebec.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Eaton, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
With leave of the Senate,
The Honourable Senator Meighen moved, seconded by the Honourable Senator Eaton:
That rule 115 be suspended with respect to Bill S-1002, An Act to authorize the Industrial Alliance Pacific General Insurance Corporation to apply to be continued as a body corporate under the laws of Quebec.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Eaton, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Smith P.C. (Cobourg), seconded by the Honourable Senator Cordy, for the adoption of the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), presented in the Senate on November 16, 2011.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:42 p.m. the Honourable the Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
November 29, 2011
Mr. Speaker:
I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 29th day of November, 2011, at 4:15 p.m.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Tuesday, November 29, 2011
An Act to give effect to the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada concerning the Eeyou Marine Region (Bill C-22, Chapter 20, 2011)
A third Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law (Bill S-3, Chapter 21, 2011)
An Act to amend the National Defence Act (military judges) (Bill C-16, Chapter 22, 2011)
OTHER BUSINESS
Reports of Committees
Orders No. 2 and 3 were called and postponed until the next sitting.
Other
Orders No. 16 and 14 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Jaffer, calling the attention of the Senate to the deteriorating human rights situation of the Baha'i people in Iran.
Debate concluded.
Orders No. 18, 11 (inquiries), 19, 37 (motions) and 3 (inquiry), were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Chaput:
That the Senate of Canada recognize the 10th of December of each year as Human Rights Day as has been established by the United Nations General Assembly on the 4th of December, 1950.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 and 10 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Hubley called the attention of the Senate to the use of landmines and cluster munitions.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Day, 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):
Summaries of the Corporate Plan for 2011-2015 and of the Operating and Capital Budgets for 2011 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/ 41-603.
Amended Summary of the Corporate Plan for 2011-2015 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-604.
Report of the British Columbia Treaty Commission, together with the Auditors' Report, for the fiscal year ended March 31, 2011, pursuant to the British Columbia Treaty Commission Act, S.C. 1995, c. 45, sbs. 21(3).—Sessional Paper No. 1/41-605.
Agreement for RCMP policing services (First Nations Community Policing Service) for the province of Saskatchewan, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-606.
Copy of the Regulations amending the Special Economic Measures (Iran) Regulations (P.C. 2011-1347), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1). —Sessional Paper No. 1/41-607.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Comeau:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:34 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 Mercer replaced the Honourable Senator Hubley (November 24, 2011).
The Honourable Senator Peterson replaced the Honourable Senator Munson (November 24, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Dickson replaced the Honourable Senator Nolin (November 25, 2011).
Standing Senate Committee on Human Rights
The Honourable Senator Day replaced the Honourable Senator Baker, P.C. (November 28, 2011).
The Honourable Senator Lovelace Nicholas replaced the Honourable Senator Zimmer (November 28, 2011).
The Honourable Senator Greene replaced the Honourable Senator Wallace (November 28, 2011).
The Honourable Senator Wallace replaced the Honourable Senator Andreychuk (November 25, 2011).
The Honourable Senator Nolin replaced the Honourable Senator Martin (November 25, 2011).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Poulin replaced the Honourable Senator Dawson (November 24, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Lang replaced the Honourable Senator Neufeld (November 28, 2011).
The Honourable Senator Meighen replaced the Honourable Senator Marshall (November 28, 2011).
The Honourable Senator Nolin replaced the Honourable Senator Finley (November 28, 2011).
The Honourable Senator Dickson replaced the Honourable Senator Stratton (November 25, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Braley replaced the Honourable Senator Eaton (November 25, 2011).
The Honourable Senator Dyck replaced the Honourable Senator Zimmer (November 24, 2011).
Standing Senate Committee on Transport and Communications
The Honourable Senator Mercer replaced the Honourable Senator Munson (November 24, 2011).