Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 70
Tuesday, April 24, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Marshall, Martin, Massicotte, Mercer, Merchant, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Marshall, Martin, Massicotte, Mercer, Merchant, *Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, 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 Senator Comeau tabled the following:
Copy of the Regulations amending the Special Economic Measures (Syria) Regulations (P.C. 2012-377), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1). —Sessional Paper No. 1/41-821
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator De Bané, P.C., tabled the following:
Report of the Canadian Parliamentary Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the International Conference on Benchmarking and Self-Assessment for Democratic Parliaments of the APF, held in Paris, France, on March 3 and 4, 2010.—Sessional Paper No. 1/41-822.
Report of the Canadian Parliamentary Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Meeting of the Parliamentary Network to Fight HIV/AIDS and at the Parliamentary Affairs Committee of the APF, held in Casablanca and Marrakech, Morocco, from March 27 to 31, 2010.—Sessional Paper No. 1/41-823.
Report of the Canadian Parliamentary Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Parliamentary Seminar on Democracy and Economic Good Governance: The Role of Parliament of the APF, held in Cotonou, Benin, on November 10 and 11, 2010. —Sessional Paper No. 1/41-824.
Report of the Canadian Parliamentary Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Meeting of the Parliamentary Affairs Committee of the APF, held in Clermont- Ferrand, France, on April 5 and 6, 2011.—Sessional Paper No. 1/41-825.
° ° °
The Honourable Senator Tardif tabled the following:
Report of the Canadian Parliamentary Delegation of the Canada-France Interparliamentary Association, respecting its participation at the Meeting of the Standing Committee, held in Paris, France, on March 15 and 16, 2012.—Sessional Paper No. 1/41-826.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
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;
And on the motion in amendment of the Honourable Senator Dyck, 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 question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Losier-Cool, Lovelace Nicholas, Mahovlich, Mercer, Merchant, Moore, Munson, Peterson, Poy, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif, Zimmer—34
NAYS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Buth, Cochrane, Comeau, Dagenais, Demers, Di Nino, Doyle, Duffy, Eaton, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Marshall, Martin, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, White—49
ABSTENTIONS
The Honourable Senators
St. Germain—1
The question then being put on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Ogilvie, for the third reading of Bill S-6, it was adopted, on division.
The bill was then read the third time and passed, on division.
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 and 3 were called and postponed until the next sitting.
Inquiries
Order No. 3 was 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.
Private Bills
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Wallace, for the 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.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Dawson, 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.
With leave of the Senate,
The Honourable Senator Dawson moved, seconded by the Honourable Senator Comeau:
That rule 115 be suspended with respect to 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 question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 to 6 were called and postponed until the next sitting.
Other
Orders No. 32, 38, 33 and 29 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Frum, calling the attention of the Senate to egregious human rights abuses in Iran, particularly the use of torture and the cruel and inhuman treatment of unlawfully incarcerated political prisoners.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Smith. P.C. (Cobourg), that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 27 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Raine, seconded by the Honourable Senator Andreychuk:
That the Senate call upon the Government of Canada to modernize and standardize the laws that regulate Canada's maple syrup industry, which is poised for market growth in North America and overseas, and which provides consumers with a natural and nutritious agricultural product that has become a symbol of Canada;
That the Government of Canada should do this by amending the Maple Products Regulations, in accordance with the September 2011 recommendations of the International Maple Syrup Institute in its document entitled ''Regulatory Proposal to Standardize the Grades and Nomenclature for Pure Maple Syrup in the North American and World Marketplace'', for the purpose of
(a) adopting a uniform definition as to what constitutes pure maple syrup;
(b) contributing toward the development of an international standard for maple syrup, as it has become very apparent that the timing for the introduction of such a standard is ideal;
(c) eliminating non-tariff measures that are not found in the international standard that may be used as a barrier to trade such as container sizes and shapes;
(d) modernizing and standardizing the grading and classification system for pure maple syrup sold in domestic, import and export markets and through interprovincial trade, thereby eliminating the current patchwork system of grades that is confusing and fails to explain to consumers in meaningful terms important differences between grades and colour classes;
(e) benefiting both marketing and sales for an industry that is mature, highly organized and well positioned for growth;
(f) enhancing Canadian production and sales, which annually constitutes in excess of 80% of the world's annual maple products output; and
(g) upholding and enhancing quality and safety standards as they pertain to maple products;
And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Lang, that the motion be amended as follows:
1) By replacing the words ''which is poised for market growth'' by the words '' which wants to pursue its dynamic development''; and
2) By replacing paragraph (d) in the motion by the following:
''Modernizing and standardizing the grading of pure Maple syrup sold in domestic, import and export markets and through interprovincial trade which would explain more clearly to the consumer the classification and the grading system;''.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Carignan, moved, seconded by the Honourable Senator Di Nino, that further debate on the motion in amendment 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 Cordy, calling the attention of the Senate to those Canadians living with multiple sclerosis (MS) and chronic cerebrospinal venous insufficiency (CCSVI), who lack access to the ''liberation'' procedure.
After debate,
The Honourable Senator Cordy 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 No. 11, 19, 26, 30, 18 and 22 (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 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.
° ° °
Orders No. 9, 34, 20, 23 and 24 (inquiries) were called and postponed until the next sitting.
_________
Ordered, That inquiry No. 40 standing in the name of the Honourable Senator Cowan on the Notice Paper for April 25, 2012, be brought forward.
INQUIRIES
The Honourable Senator Cowan called the attention of the Senate to the 30th Anniversary of the Canadian Charter of Rights and Freedoms, which has done so much to build pride in our country and our national identity.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, 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):
Report of the Governor of the Bank of Canada and Statement of Accounts, together with the Auditors' Report, for the year ended December 31, 2011, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 1/41-808.
Copy of Order in Council P.C. 2012-406, dated April 5, 2012, concerning the approval of the supplementary agreement, which is intended to alter the Agreement between Canada and Barbados for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, done at Bridgetown on 22 January 1980, pursuant to the Income Tax Conventions Act, 1980, S.C. 1980, c. 44, Part XI, sbs. 33(1). —Sessional Paper No. 1/41-809.
Copy of Order in Council P.C. 2012-405, dated April 5, 2012, concerning the approval of the supplementary convention intended to alter the Convention between the Government of Canada and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, done in Singapore on March 6, 1976, pursuant to the Income Tax Conventions Act, 1976, S.C. 1976-77, c. 29, sbs. 20(1).—Sessional Paper No. 1/41-810.
Report of the Blue Water Bridge Authority, together with the Auditor General's Report, for the year 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-811.
Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order (SOR 2011-122), pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 57(3).—Sessional Paper No. 1/41-812.
Agreements for RCMP policing services (First Nations Community Policing Service) for the provinces of Newfoundland and Labrador, Prince Edward Island, Manitoba, Saskatchewan and Alberta, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-813.
Agreements for RCMP policing services made between Canada and the province of Prince Edward Island, and the Municipality of Stratford, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-814.
Agreements for RCMP policing services made between Canada and the province of Nova Scotia, and the Municipalities of Digby and Port Hawkesbury, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R- 10, sbs. 20(5).—Sessional Paper No. 1/41-815.
Agreements for RCMP policing services made between Canada and the province of New Brunswick, and the Municipalities of Hampton, McAdam, Sackville and Saint-Quentin, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-816.
Agreements for RCMP policing services made between Canada and the Municipalities of Beausejour, Carman, Dauphin, Gillam, Pinawa, Portage La Prairie, Russell, Selkirk, Stonewall, Swan River and Virden, Manitoba, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-817.
Agreements for RCMP policing services made between Canada and the Municipalities of Banff, Blackfalds, Bonnyville, Brooks, Cochrane, High River, Innisfail, Lloydminster, Okotoks, Peace River, Ponoka, Redcliff, Spuce Grove, St. Paul, Stony Plain, Strathmore, Sylvan Lake, Vegreville, Wainwright and Wetaskiwin, Alberta, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-818.
Agreements for RCMP policing services made between Canada and the province and municipalities of British Columbia, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-819.
Agreements for RCMP policing services (First Nations Community Policing Service) for the provinces of Nova Scotia, New Brunswick, Manitoba and Saskatchewan, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-820.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:37 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 Aboriginal Peoples
The Honourable Senator White replaced the Honourable Senator Meredith (April 24, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Frum replaced the Honourable Senator Martin (April 18, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Martin replaced the Honourable Senator Frum (April 18, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Stewart Olsen (April 24, 2012).
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Mitchell (April 23, 2012).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Manning (April 19, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Comeau replaced the Honourable Senator Mockler (April 23, 2012).