Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 68
Wednesday, April 4, 2012
1:30 p.m.
The Honourable Pierre Claude Nolin, Acting Speaker
The Members convened were:
The Honourable Senators
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, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Joyal, Kenny, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nolin, Ogilvie, Patterson, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
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, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, *Jaffer, Joyal, Kenny, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nolin, Ogilvie, *Oliver, Patterson, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, 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 Manning, Chair of the Standing Senate Committee on Fisheries and Oceans, presented its sixth report (budget—study on the lobster fishery in Atlantic Canada and Quebec—power to hire staff and to travel).
(The report is printed as an appendix at pages 1148-1155.)
The Honourable Senator Manning moved, seconded by the Honourable Senator Angus, 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 Di Nino tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the First Part of the 2012 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 23 to 27, 2012.—Sessional Paper No. 1/41-800.
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The Honourable Senator Smith, P.C. (Cobourg), tabled the following:
Report of the Canadian Delegation of the Canadian Branch of the Commonwealth Parliamentary Association respecting its participation at the 57th Commonwealth Parliamentary Conference, held in London, United Kingdom, from July 21 to 28, 2011.—Sessional Paper No. 1/41-801.
Report of the Canadian Delegation of the Canadian Branch of the Commonwealth Parliamentary Association respecting its participation at the Parliamentary Conference on the Millennium Development Goals, held in London, United Kingdom, from November 28 to December 2, 2011. —Sessional Paper No. 1/41-802.
Report of the Canadian Delegation of the Canadian Branch of the Commonwealth Parliamentary Association respecting its participation at the Commonwealth Parliamentary Association's Annual International Seminar, held in Delhi, Republic of India, from November 19 to 24, 2011.—Sessional Paper No. 1/41-803.
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The Honourable Senator MacDonald tabled the following:
Report of the Canadian Delegation of the Canada-United States Interparliamentary Group respecting its participation at the annual legislative summit of the National Conference of State Legislatures, held in Louisville, Kentucky, United States of America, from July 25 to 28, 2010.—Sessional Paper No. 1/41-804.
Report of the Canadian Delegation of the Canada-United States Interparliamentary Group respecting its participation at the 35th Annual Conference of New England Governors and Eastern Canadian Premiers, held in Halifax, Nova Scotia, from July 10 to 12, 2011.—Sessional Paper No. 1/41-805.
Report of the Canadian Delegation of the Canada-United States Interparliamentary Group respecting its participation at the Pacific NorthWest Economic Region 21st Annual Summit, held in Portland, Oregon, United States of America, from July 19 to 22, 2011.—Sessional Paper No. 1/41-806.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 2 to 4 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Banks, for the second reading of Bill S-205, An Act to amend the Income Tax Act (carbon offset tax credit).
After debate,
The Honourable Senator Mockler moved, seconded by the Honourable Senator Verner, P.C., 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.
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Resuming debate on the motion of the Honourable Senator Watt, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-207, An Act to amend the Interpretation Act (non-derogation of aboriginal treaty rights).
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Ringuette, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Second reading of Bill S-209, An Act to amend the Criminal Code (prize fights).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Eaton, that the bill be read the second time.
After debate,
The Honourable Senator Munson, for the Honourable Senator Campbell, 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.
Commons Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Private Bills
Second reading of Bill S-1003, An Act to authorize Industrial Alliance Pacific Insurance and Financial Services Inc. to apply to be continued as a body corporate under the laws of Quebec.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace, that the bill be read the second time.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Dawson, 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.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Stratton, for the adoption 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.
After debate,
The question being put on the motion, it was adopted.
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Orders No. 2 to 4 were called and postponed until the next sitting.
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Consideration of the fifth report of the Standing Senate Committee on National Security and Defence (budget—study on Canada's defence and security relationships with the United States—power to travel), presented in the Senate on April 3, 2012.
The Honourable Senator Lang moved, seconded by the Honourable Senator Angus, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the sixth report of the Standing Senate Committee on National Security and Defence (budget—study on Veterans Affairs), presented in the Senate on April 3, 2012.
The Honourable Senator Plett moved, seconded by the Honourable Senator Rivard, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 7 to 10 were called and postponed until the next sitting.
Other
Orders No. 11, 19, 26, 32, 30, 18, 22 (inquiries), 19 (motion) and 9 (inquiry) were called and postponed until the next sitting.
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Resuming debate on the inquiry of the Honourable Senator Downe, calling the attention of the Senate to:
(a) the problem of Canadians evading taxes by hiding assets in overseas tax havens;
(b) the harm this does to Canada, both in terms of lost revenue and its effect on those Canadians who obey the law and pay their fair share of taxes;
(c) the pathetic efforts of the Canada Revenue Agency to discover, halt and deter overseas tax evasion, and how, in comparison to those similar agencies in other countries, CRA falls short;
(d) the fact that this, plus recent scandals involving the CRA could lead one to conclude that there are serious problems at the Agency; and
(e) concerns that this situation amounts to a lack of leadership on the part of the Government of Canada.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 34, 20, 23 and 24 (inquiries) were called and postponed until the next sitting.
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Resuming debate on the inquiry of the Honourable Senator Meighen, calling the attention of the Senate to the unconscionable delay, despite the resolution of this Chamber passed unanimously on June 18, 2008, of the awarding of an appropriate theatre decoration for the brave Canadian flyers and crew who served in Bomber Command during World War II, without whose efforts, courage and sacrifice the war and its destruction would have continued for many more years.
Debate.
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At 4 p.m., pursuant to the order adopted by the Senate on October 18, 2011, the sitting was suspended until 5:15 p.m.
The sitting resumed.
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 39(4)(a), the Senate proceeded to the taking of the deferred standing vote 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.
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, Cools, Dagenais, Demers, Di Nino, Doyle, Duffy, Dyck, Eaton, Fortin-Duplessis, Greene, Housakos, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Ogilvie, Patterson, Plett, Raine, Rivard, Runciman, Seidman, Seth, Sibbeston, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Watt, White—50
NAYS
The Honourable Senators
Callbeck, Chaput, Cordy, Cowan, Day, Downe, Eggleton, Fairbairn, Fraser, Harb, Hervieux-Payette, Hubley, Losier-Cool, Mahovlich, Massicotte, McCoy, Mercer, Robichaud, Smith (Cobourg), Tardif, Zimmer—27
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill C-19 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.
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At 5:41 p.m., pursuant to the order adopted by the Senate on October 18, 2011, the Senate adjourned until 1:30 p.m. tomorrow.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Campbell replaced the Honourable Senator Cordy (April 3, 2012).
The Honourable Senator Ataullahjan replaced the Honourable Senator White (April 3, 2012).
The Honourable Senator White replaced the Honourable Senator Ataullahjan (April 2, 2012).
Special Senate Committee on Anti-terrorism
The Honourable Senator Dallaire replaced the Honourable Senator Peterson (April 2, 2012).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Nolin replaced the Honourable Senator Neufeld (April 2, 2012).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Seth replaced the Honourable Senator Poirier (April 2, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Finley replaced the Honourable Senator Mockler (April 3, 2012).
The Honourable Senator Gerstein replaced the Honourable Senator Stewart Olsen (April 3, 2012).
The Honourable Senator Nancy Ruth replaced the Honourable Senator Housakos (April 3, 2012).
The Honourable Senator Nolin replaced the Honourable Senator Buth (April 3, 2012).
The Honourable Senator Buth replaced the Honourable Senator Nolin (April 3, 2012).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Gerstein (April 2, 2012).
The Honourable Senator Nolin replaced the Honourable Senator Buth (April 2, 2012).
The Honourable Senator Housakos replaced the Honourable Senator Nancy Ruth (April 2, 2012).
The Honourable Senator Mockler replaced the Honourable Senator Finley (April 2, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Poirier replaced the Honourable Senator Maltais (April 3, 2012).
The Honourable Senator Tardif replaced the Honourable Senator Robichaud, P.C. (April 2, 2012).