Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 67
Tuesday, April 3, 2012
2:00 p.m.
The Honourable Pierre Claude Nolin, Acting Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Carignan, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Day, Demers, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Joyal, Kenny, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Massicotte, McCoy, Meredith, Mitchell, Mockler, Moore, Munson, Nolin, Ogilvie, Patterson, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, *Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Carignan, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, *Dawson, Day, Demers, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Greene, Harb, Hervieux-Payette, Housakos, Hubley, *Jaffer, Joyal, Kenny, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Massicotte, McCoy, Meredith, Mitchell, Mockler, Moore, Munson, Nolin, Ogilvie, *Oliver, Patterson, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, 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
Tabling of Documents
The Honourable the Acting Speaker tabled the following:
Report of the Canadian Human Rights Tribunal for the year 2011, pursuant to the Canadian Human Rights Act, R. S. C. 1985, c. H-6, sbs. 61(4).—Sessional Paper No. 1/41-796.
The 2012 Spring Report of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(5).—Sessional Paper No. 1/41-797.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Mockler, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its sixth report (budget—study on research and innovation efforts in the agricultural sector—power to hire staff and to travel).
(The report is printed as Appendix ''A'' at pages 1108-1123.)
The Honourable Senator Mockler moved, seconded by the Honourable Senator Ogilvie, 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 Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its third report entitled: A Charter ''Fit for Purpose'': Parliamentary Consultation on the Proposed Charter of the Commonwealth.—Sessional Paper No. 1/41-798S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Wallin, 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 Wallin, Chair of the Standing Senate Committee on National Security and Defence, presented its fifth report (budget—study on Canada's defence and security relationships with the United States—power to travel).
(The report is printed as Appendix ''B'' at pages 1124-1129.)
The Honourable Senator Wallin moved, seconded by the Honourable Senator Andreychuk, 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 Wallin, Chair of the Standing Senate Committee on Standing Senate Committee on National Security and Defence, presented its sixth report (budget—study on Veterans Affairs).
(The report is printed as Appendix ''C'' at pages 1130-1137.)
The Honourable Senator Wallin moved, seconded by the Honourable Senator Boisvenu, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Plett tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association and the Canada-Japan Inter- parliamentary Group respecting its participation at the 20th annual meeting of the Asia Pacific Parliamentarians Forum, held in Tokyo, Japan, from January 8 to 12, 2012. —Sessional Paper No. 1/41-799.
Notices of Motions
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Stratton:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have power to sit after the vote but not before 5 p.m. on Tuesday, April 3, 2012, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace:
That, pursuant to rule 39, not more than a further six hours of debate be allocated for consideration at third reading stage of Bill C-19, An Act to amend the Criminal Code and the Firearms Act;
That when debate comes to an end or when the time provided for the debate has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the third reading stage of the said Bill; and
That any recorded vote or votes on the said question shall be taken in accordance with rule 39(4).
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Angus, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Cochrane, Comeau, Dagenais, Demers, Di Nino, Doyle, Duffy, Eaton, Fortin-Duplessis, Frum, Greene, Housakos, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Meredith, Mockler, Ogilvie, Patterson, Plett, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—46
NAYS
The Honourable Senators
Baker, Callbeck, Chaput, Cools, Cordy, Cowan, Day, Downe, Dyck, Eggleton, Fairbairn, Fraser, Harb, Hervieux-Payette, Hubley, Mahovlich, Massicotte, McCoy, Mitchell, Moore, Munson, Peterson, Poulin, Poy, Ringuette, Rivest, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Watt, Zimmer—33
ABSTENTIONS
The Honourable Senators
Nil
Bills
Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Tkachuk, for the third reading of Bill C-19, An Act to amend the Criminal Code and the Firearms Act.
After debate,
The question was put on the motion.
Pursuant to rule 39(4)(a), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
° ° °
Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Ogilvie, for the 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;
After debate,
In amendment, the Honourable Senator Dyck moved, seconded by the Honourable Senator Watt, that Bill S-6 be not now read a third time, but that it be amended:
(a) on page 3, in clause 3,
(i) by deleting lines 1 to 3;
(ii) by replacing lines 4 to 9 with the following:
'' (b) the Governor in Council has set aside an election of the Chief and councillors of that First Nation under section 79 of the Indian Act on a report of the Minister that there was corrupt practice in connection with that election.''; and
(b) on page 4, in clause 5, by replacing lines 4 to 7 with the following:
'' (b) in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(b), six months after the day on which the order is made.''.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 and 4 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.
Commons Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Reports of Committees
Consideration of the eighth report of the Standing Senate Committee on Social Affairs, Science and Technology, (budget—study on the 2004, 10 year plan to strengthen health care), presented in the Senate on April 2, 2012.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Duffy, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the ninth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on social inclusion and cohesion in Canada—power to hire staff), presented in the Senate on April 2, 2012.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Duffy, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the tenth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on prescription pharmaceuticals in Canada—power to hire staff), presented in the Senate on April 2, 2012.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Duffy, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the ninth report of the Standing Senate Committee on National Finance (budget—study on the potential reasons for price discrepancies in respect of certain goods between Canada and the United States), presented in the Senate on April 2, 2012.
The Honourable Senator Day moved, seconded by the Honourable Senator Robichaud, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Order No. 5 was called and postponed until the next sitting.
° ° °
Consideration of the ninth report of the Standing Committee on Internal Economy, Budgets and Administration (committee budgets—legislation), presented in the Senate on March 29, 2012.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that the report be adopted.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Carignan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Consideration of the third report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on the energy sector), presented in the Senate on March 29, 2012.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Mahovlich, that the report be adopted.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Comeau, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Consideration of the fourth report of the Standing Senate Committee on Transport and Communications (budget—study on emerging issues related to the Canadian airline industry), presented in the Senate on March 29, 2012.
The Honourable Senator Greene moved, seconded by the Honourable Senator Brown, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 9 to 11 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Lang, for the adoption of the fourth report (interim) of the Standing Senate Committee on National Security and Defence, entitled: Answering the Call: The Future role of Canada's Primary Reserve, tabled in the Senate on December 15, 2011.
After debate,
The question being put on the motion, it was adopted.
Other
Orders No. 19, 26, 32, 30, 18, 22 (inquiries), 19 (motion), 9, 33, 34, 20, 23, 24, 29, 25, 27 (inquiries), 61 (motion) and 3 (inquiry) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Hubley, calling the attention of the Senate to the 5th anniversary of the tabling of the Standing Senate Committee on Social Affairs, Science and Technology's report: Out of the Shadows at Last: Transforming Mental Health, Mental Illness and Addiction Services in Canada.
After debate,
The Honourable Senator Hubley, for the Honourable Senator Callbeck, 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.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Brown:
That the papers and evidence received and taken, and work accomplished by the Special Senate Committee on Bill C-36 during the First Session of the Thirty-seventh Parliament; by the Special Senate Committee on the Anti- Terrorism Act during the First Session of the Thirty-eighth Parliament and the First Session of the Thirty-ninth Parliament; and by the Special Senate Committee on Anti-Terrorism during the Second Session of the Thirty-ninth Parliament and the Third Session of the Fortieth Parliament, be referred to the Special Senate Committee on Anti- Terrorism for the purposes of its work during the current session.
After debate,
The question being put on the motion, it was adopted.
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 8:20 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 Official Languages
The Honourable Senator Maltais replaced the Honourable Senator Poirier (April 2, 2012).