Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 35
Wednesday, November 30, 2011
1:30 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, Eggleton, Fairbairn, Fox, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Meighen, Mercer, Merchant, Meredith, Mockler, Moore, Munson, Nancy Ruth, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Watt
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, Eggleton, Fairbairn, *Finley, *Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, *Johnson, Joyal, 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, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, *Sibbeston, *Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, *Wallin, Watt
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 Reports from Inter-Parliamentary Delegations
The Honourable Senator Stratton tabled the following:
Report of the Canadian Delegation of the Canada-Africa Parliamentary Association, respecting its bilateral visits to Addis Ababa, Ethiopia and Dakar, Senegal, from October 9 to 14, 2011. —Sessional Paper No. 1/41-612.
The Honourable Senator Tkachuk tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group and the Canada-China Legislative Association, respecting its participation at the 15th General Assembly of the Asia-Pacific Parliamentarians' Conference on Environment and Development, held in Kuala Lumpur, Malaysia, from June 6 to 9, 2011.—Sessional Paper No. 1/41-613.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Patterson:
That, in accordance with rule 74(1), the Standing Senate Committee on Agriculture and Forestry be authorized to examine the subject-matter of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, introduced in the House of Commons on October 18, 2011, in advance of the said bill coming before the Senate;
And on the motion in amendment of the Honourable Senator Chaput, seconded by the Honourable Senator Mahovlich, that this motion not now be adopted, but that it be amended by adding:
``and, if the Committee decides to hold hearings on the subject matter of Bill C-18, it give consideration to hearing from all the thirteen current Directors of the Canadian Wheat Board.''.
After debate,
With leave of the Senate,
The motion in amendment and the motion were withdrawn and the order was discharged.
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Day, for the adoption 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 question being put on the motion, it was adopted.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, that the bill, as amended, be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on Human Rights (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), presented in the Senate on November 29, 2011.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Peterson, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that the bill, as amended, be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Ordered, That Inquiry No. 17 standing in the name of the Honourable Senator Fox, P.C., on the Notice Paper be brought forward.
INQUIRIES
The Honourable Senator Fox, P.C., called the attention of the Senate to the importance of our Canadian Access to Information system and recent developments that imperil its effectiveness.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Tardif:
That, pursuant to Rule 38, in relation to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts:
1. no later than 6 p.m. on Thursday, December 1, 2011, the Speaker shall interrupt any proceedings then before the Senate and, notwithstanding any provisions of the Rules, put all questions necessary to dispose of second reading of the bill forthwith and successively, without further debate, amendment or adjournment, and with any standing vote requested in relation thereto not being deferred but being taken immediately, with the bells to ring only for the first vote requested and only for 15 minutes;
2. the committee to which the bill is referred have power to sit for the purpose of the study of the said bill at any time when the Senate may be sitting, and that rule 95(4) be suspended in relation thereto.
3. the committee to which the bill is referred be instructed to report the bill no later than Presentation of Reports from Standing or Special Committees during Routine Proceedings on Tuesday, December 13, 2011;
4. if the committee recommends amendments to the bill, the report shall be taken into consideration later the same day, notwithstanding rule 58(1)(g); and
5. in the absence of a report of the committee on the bill during Presentation of Reports from Standing or Special Committees on Tuesday, December 13, 2011, the bill be deemed reported without amendment; and
That the Senate neither suspend pursuant to rule 13(1) nor adjourn on Thursday December 1, 2011, until all proceedings relating to Bill C-18 on that day have been completed.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Orders No. 2 (motion), 8, 16, 14, 18, 11 (inquiries) and 19 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Day:
That the Senate agree that suicide is more than a personal tragedy, but is also a serious public health issue and public policy priority; and, further, that the Senate urge the government to work cooperatively with the provinces, territories, representative organizations from First Nations, Inuit, and Métis people, and other stakeholders to establish and fund a National Suicide Prevention Strategy, which among other measures would promote a comprehensive and evidence-driven approach to deal with this terrible loss of life.
After debate,
The Honourable Senator Hubley, for the Honourable Senator Dallaire, 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.
Orders No. 3 and 7 (inquiries) were called and postponed until the next sitting.
Order No. 10 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
MOTIONS
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Greene:
That notwithstanding the Order of the Senate adopted on June 23, 2011, the date for the presentation of the final report by the Standing Senate Committee on Social Affairs, Science and Technology on the progress in implementing the 2004, 10-Year Plan to Strengthen Health Care, be extended from December 31, 2011 to March 31, 2012.
The question being put on the motion, it was adopted.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Duffy:
That the Standing Senate Committee on Social Affairs, Science and Technology have the power to sit on Friday, December 2, 2011, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Stewart Olsen:
That, in the opinion of the Senate, the province of Ontario should institute a moratorium on the approval of wind energy projects on islands and onshore areas within three kilometres of the shoreline in the Upper St. Lawrence- Eastern Lake Ontario region, from the western tip of Prince Edward County to the eastern edge of Wolfe Island, until the significant threat to congregating, migrating or breeding birds and migrating bats is investigated thoroughly and restrictions imposed to protect internationally recognized important bird areas from such developments.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon the issue of cyberbullying in Canada with regard to Canada's international human rights obligations under Article 19 of the United Nations Convention on the Rights of the Child;
That, notwithstanding Rule 92, the Standing Senate Committee on Human Rights be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering sensitive evidence; and
That the committee submit its final report to the Senate no later than October 31, 2012, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Notice of opinion concerning Regulations Amending the Firearms Marking Regulations (SOR/2010-276), pursuant to the Firearms Act, S.C. 1995, c. 39, sbs. 119(4).—Sessional Paper No. 1/41-609.
Notice of opinion concerning Regulations Amending the Firearms Fees Regulations (SOR/2011-111), pursuant to the Firearms Act, S.C. 1995, c. 39, sbs. 119(4).—Sessional Paper No. 1/41-610.
Notice of opinion concerning Regulations Amending the Firearms Licences Regulations (SOR/2011-103 and SOR/ 2011-102), pursuant to the Firearms Act, S.C. 1995, c. 39, sbs. 119(4).—Sessional Paper No. 1/41-611.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Stewart Olsen:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:33 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 Human Rights
The Honourable Senator Andreychuk replaced the Honourable Senator Greene (November 29, 2011).
The Honourable Senator Martin replaced the Honourable Senator Nolin (November 29, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Rivard replaced the Honourable Senator Neufeld (November 29, 2011).
The Honourable Senator Stratton replaced the Honourable Senator Dickson (November 29, 2011).
The Honourable Senator Plett replaced the Honourable Senator Finley (November 29, 2011).
The Honourable Senator Neufeld replaced the Honourable Senator Lang (November 29, 2011).
The Honourable Senator Marshall replaced the Honourable Senator Meighen (November 29, 2011).
The Honourable Senator Finley replaced the Honourable Senator Nolin (November 29, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Stratton replaced the Honourable Senator Nolin (November 29, 2011).
Standing Senate Committee on Transport and Communications
The Honourable Senator Braley replaced the Honourable Senator Eaton (November 29, 2011).