Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 62
Thursday, March 15, 2012
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, McCoy, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Kinsella, Lang, LeBreton, *Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, McCoy, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stratton, *Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, 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
Presentation of Reports from Standing or Special Committees
The Honourable Senator Tkachuk presented the following:
Thursday, March 15, 2012
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
EIGHTH REPORT
Your Committee recommends that
1) The salary ranges for unrepresented employees of the Senate Administration be increased by 1.75 per cent effective October 1st, 2011, by 1.5 per cent effective October 1st, 2012 and by 2.0 per cent effective October 1st, 2013;
2) Senators' staff receive a 1.75 per cent increase to salary ranges, effective April 1st, 2011, a 1.5 per cent increase to salary ranges, effective April 1st, 2012 and a 2.0 per cent increase to salary ranges effective April 1st, 2013;
3) Severance pay for voluntary departures for unrepresented employees of the Senate Administration and Senators' staff cease to be accumulated effective March 31st, 2012; and
4) Options be provided to the unrepresented group of the Senate Administration and Senators' staff of immediately cashing out their accumulated severance pay in full or in part at their current substantive rate of pay or retaining it for payout on termination or retirement at their rate of pay at that time.
Respectfully submitted,
DAVID TKACHUK
Chair
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nancy Ruth, 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 Day, Chair of the Standing Senate Committee on National Finance, tabled its seventh report (Supplementary Estimates (C) 2011-2012).—Sessional Paper No. 1/41-760S.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Downe, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Runciman presented a Bill S-209, An Act to amend the Criminal Code (prize fights).
The bill was read the first time.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Ogilvie, 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
Bills
Third reading of Bill C-33, An Act to provide for the continuation and resumption of air service operations.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Eaton, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Comeau, Dagenais, Demers, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Gerstein, Greene, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Raine, Runciman, Seidman, Seth, Smith (Saurel), Stratton, Tkachuk, Unger, Verner, Wallace, White—46
NAYS
The Honourable Senators
Baker, Callbeck, Campbell, Chaput, Cowan, Day, De Bané, Downe, Eggleton, Fairbairn, Fraser, Hervieux-Payette, Hubley, Mercer, Mitchell, Moore, Munson, Peterson, Poy, Ringuette, Rivest, Smith (Cobourg), Watt, Zimmer—24
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, the bill 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.
° ° °
Third reading of Bill S-6, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.
The Honourable Senator Patterson moved, seconded by the Honourable Senator Ogilvie, that the bill be read the third time.
After debate,
The Honourable Senator Munson, for the Honourable Senator Sibbeston, 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.
° ° °
Order No. 3 was called and postponed until the next sitting.
Reports of Committees
Consideration of the seventh report of the Standing Senate Committee on National Finance (Supplementary Estimates (C) 2011-2012), presented in the Senate earlier this day.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be adopted
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Commons Public Bills
Second Reading of Bill C-290, An Act to amend the Criminal Code (sports betting).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Di Nino, that the bill be read the second time.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Downe, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Consideration of the third report of the Standing Senate Committee on Official Languages, entitled: Air Canada's Obligations under the Official Languages Act: Towards Substantive Equality, tabled in the Senate on March 13, 2012.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mercer, that the report be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the President of the Treasury Board being identified as the minister responsible for responding to the report.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, 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 5:35 p.m., the Honourable the Speaker Pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
March 15, 2012
Mr. Speaker:
I have the honour to inform you that Mr. Stephen Wallace, Secretary to the Governor General, in his capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 15th day of March, 2012, at 5:09 p.m.
Yours sincerely,
Patricia Jaton
Deputy Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, March 15, 2012
An Act to provide for the continuation and resumption of air service operations (Bill C-33, Chapter 2, 2012)
OTHER BUSINESS
Reports of Committees
Orders No. 2 and 3 were called and postponed until the next sitting.
Other
Orders No. 32, 33, 34, 20, 23, 24, 18, 29, 25, 27 (inquiries), 61 (motion), 3, 11, 19, 22, 26 and 30 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Munson:
That the Government of Canada officially apologize in Parliament to the South Asian community and to the individuals impacted in the 1914 Komagata Maru incident.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Mercer, calling the attention of the Senate to Canada's current level of volunteerism, the impact it has on society, and the future of volunteerism in Canada.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Chaput, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 15 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
MOTIONS
The Honourable Senator Brazeau moved, seconded by the Honourable Senator Martin:
That the Standing Senate Committee on Human Rights be authorized to examine and report on issues pertaining to the human rights of First Nations band members who reside off-reserve, with an emphasis on the current federal policy framework. In particular, the committee will examine:
(a) Rights relating to residency;
(b) Access to rights;
(c) Participation in community-based decision-making processes;
(d) Portability of rights;
(e) Existing Remedies; and
That the committee submit its final report no later than February 28, 2013 and that the committee retain all powers necessary to publicize its findings until 30 days after the tabling of the final report.
After debate,
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler:
That, on Wednesday, March 28, 2012 and Thursday, March 29, 2012, for the purposes of its consideration of Bill C- 19, An Act to amend the Criminal Code and the Firearms Act, the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit, even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
—————
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 Marshall:
That when the Senate adjourns today, it do stand adjourned until Tuesday, March 27, 2012, 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):
Proposed Regulations Amending the Immigration and Refugee Protection Regulations, dated March 2012, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 1/41-759.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:50 p.m. the Senate was continued until Tuesday, March 27, 2012, at 2 p.m.)
—————
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Sibbeston replaced the Honourable Senator Watt (March 15, 2012).
The Honourable Senator Watt replaced the Honourable Senator Sibbeston (March 14, 2012).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Campbell (March 15, 2012).
The Honourable Senator Nolin replaced the Honourable Senator Rivard (March 15, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Di Nino (March 15, 2012).
The Honourable Senator Day replaced the Honourable Senator Hervieux-Payette, P.C. (March 14, 2012).
The Honourable Senator Di Nino replaced the Honourable Senator Tkachuk (March 14, 2012).
The Honourable Senator Eaton replaced the Honourable Senator Stewart Olsen (March 14, 2012).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Raine replaced the Honourable Senator Johnson (March 15, 2012).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Chaput (March 15, 2012).
The Honourable Senator Patterson replaced the Honourable Senator Dagenais (March 14, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Finley replaced the Honourable Senator Plett (March 15, 2012).
The Honourable Senator Plett replaced the Honourable Senator Finley (March 14, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Manning replaced the Honourable Senator Stewart Olsen (March 14, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Nancy Ruth replaced the Honourable Senator Poirier (March 15, 2012).
The Honourable Senator Lang replaced the Honourable Senator Angus (March 14, 2012).
The Honourable Senator Poirier replaced the Honourable Senator Frum (March 14, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Finley replaced the Honourable Senator Maltais (March 15, 2012).
The Honourable Senator Maltais replaced the Honourable Senator Finley (March 14, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Nolin (March 14, 2012).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Gerstein replaced the Honourable Senator Frum (March 14, 2012).