Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 79
Tuesday, May 15, 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, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, De Bané, Demers, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kinsella, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Merchant, Meredith, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, De Bané, Demers, *Di Nino, *Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, *Johnson, Joyal, Kinsella, *Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, *Massicotte, *Mercer, Merchant, Meredith, *Mockler, *Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, 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 Carignan tabled the following:
Document entitled: Annual Report Pursuant to the Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia, dated May 15, 2012.—Sessional Paper No. 1/41-894.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, presented its fourth report (budget—study on the use of the internet, new media and social media and the respect for Canadians' language rights—power to hire staff).
(The report is printed as an appendix at pages 1275-1280.)
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mahovlich, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Wallace, for the second reading of Bill C-26, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons).
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Eaton, 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.
° ° °
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.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Braley, for the second reading of Bill C-310, An Act to amend the Criminal Code (trafficking in persons).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Boisvenu, 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.
° ° °
Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Di Nino, for the second reading of Bill C-290, An Act to amend the Criminal Code (sports betting).
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, 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 4 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Mercer, that 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, 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 question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
Other
Resuming debate on the inquiry of the Honourable Senator Dallaire, calling the attention of the Senate to Canada's continued lack of commitment to the prevention and elimination of mass atrocity crimes, and further calling on the Senate to follow the recommendation of the United Nations Secretary General in making 2012 the year of prevention of mass atrocity crimes.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 35 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Eaton, calling the attention of the Senate to the interference of foreign foundations in Canada's domestic affairs and their abuse of Canada's existing Revenue Canada Charitable status.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Duffy.
° ° °
Orders No. 9, 40, 27, 39, 3 (inquiries), 19 (motion), 38, 33, 29, 11, 19, 30, 18 and 22 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Raine, seconded by the Honourable Senator Wallin:
That the Senate of Canada urge the Government of Canada to encourage local governments from coast to coast to coast to collaborate in choosing one day annually to make their health, recreational sports, and fitness facilities available to citizens at a reduced or complimentary rate, with the goals of promoting the use of those facilities and improving the overall health and well-being of Canadians for the reasons that:
(a) although Canada's mountains, oceans, lakes, forests, and parks offer abundant opportunities for physical activities outdoors, an equally effective alternative opportunity to take part in physical activities is offered by indoor health, recreational sports, and fitness facilities;
(b) despite its capacity to be a healthy and fit nation, Canada is experiencing a decline in participation rates in physical activities, with this decline having a direct consequence to health and fitness;
(c) local governments operate many public facilities that promote health and fitness, and those facilities could be better utilized by their citizenry;
(d) there is a growing concern in Canada over the rise in chronic diseases, which are attributable, in part, to inactivity and in turn can cause other impediments to achieving and maintaining a healthy lifestyle;
(e) health and fitness should be promoted and encouraged by all levels of government, to Canadians of all ages and abilities; and
(f) we aspire to increase participation by Canadians in activities that promote health, recreational sports, and fitness.
After debate,
The Honourable Senator Plett moved, seconded by the Honourable Senator Seidman, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 83 (motion), 25, 42, 26 (inquiries), 75 (motion) and 20 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Losier-Cool called the attention of the Senate to the current state of French language education in New Brunswick.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Tardif called the attention of the Senate to access to Justice in French in Francophone Minority Communities.
After debate,
The Honourable Senator Chaput moved, seconded by the Honourable Senator Hubley, 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 Gerstein moved, seconded by the Honourable Senator Wallin:
That, notwithstanding the order of the Senate adopted on Tuesday, January 31, 2012, the date for the presentation of the final report of the Standing Senate Committee on Banking, Trade and Commerce in relation to its review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17) be extended from May 31, 2012 to June 21, 2012.
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 Canada Deposit Insurance Corporation for the fiscal year ended March 31, 2012, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-891.
Report of the Canadian Intellectual Property Office, together with the Auditors' Report, for the fiscal year ended March 31, 2011, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26. —Sessional Paper No. 1/41-892.
Agreements for RCMP policing services (First Nations Community Policing Service) for the provinces of New Brunswick and British Columbia, and for the Yukon Territory, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-893.
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 4:50 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 Patterson replaced the Honourable Senator Tkachuk (May 11, 2012).
The Honourable Senator Brazeau replaced the Honourable Senator Mockler (May 11, 2012).
The Honourable Senator Campbell replaced the Honourable Senator Hubley (May 10, 2012).
Special Senate Committee on Anti-terrorism
The Honourable Senator Smith, P.C. (Cobourg), replaced the Honourable Senator Peterson (May 14, 2012).
The Honourable Senator Peterson replaced the Honourable Senator Smith, P.C. (Cobourg) (May 14, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Wallin replaced the Honourable Senator Raine (May 11, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Campbell replaced the Honourable Senator Dawson (May 10, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Mitchell (May 10, 2012).
The Honourable Senator Mitchell replaced the Honourable Senator Jaffer (May 10, 2012).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Munson replaced the Honourable Senator Poy (May 10, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Plett replaced the Honourable Senator Finley (May 14, 2012).
The Honourable Senator Nolin replaced the Honourable Senator Gerstein (May 14, 2012).
The Honourable Senator Gerstein replaced the Honourable Senator Nolin (May 11, 2012).
The Honourable Senator Finley replaced the Honourable Senator Rivard (May 11, 2012).
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Mercer (May 10, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator Frum replaced the Honourable Senator Lang (May 14, 2012).
The Honourable Senator Peterson replaced the Honourable Senator Mitchell (May 10, 2012).