Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 84
Thursday, May 31, 2012
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Doyle, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), 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, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Doyle, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, *Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), 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 Speaker tabled the following:
Special Report to Parliament of the Information Commissioner entitled: Measuring up: Improvements and ongoing concerns in access to information, 2008-2009 to 2010-2011, pursuant to the Access to Information Act, R.S.C. 1985, c. A- 1, s. 39.—Sessional Paper No. 1/41-930.
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The Honourable Senator Carignan tabled the following:
2011 Annual Report on the RCMP's use of the Law Enforcement Justification Provisions pursuant to section 25.3 of the Criminal Code.—Sessional Paper No. 1/41-931.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-39, An Act to provide for the continuation and resumption of rail service operations.
The Honourable Senator Wallin moved, seconded by the Honourable Senator Johnson, that the bill be read the second time.
After debate,
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 Poirier, that the bill be referred to a Committee of the Whole now.
The question being put on the motion, it was adopted.
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Ordered, That the committee hear from each panel of witnesses for a maximum of 45 minutes.
Ordered, That the Speaker not see the clock at 6 p.m. and that rule 13(1) be suspended.
COMMITTEE OF THE WHOLE
The Senate was accordingly adjourned during pleasure and put into a Committee of the Whole on Bill C-39, An Act to provide for the continuation and resumption of rail service operations, the Honourable Senator Oliver in the Chair.
—In the Committee—
Pursuant to rule 21, the Honourable Lisa Raitt, P.C., M.P., Minister of Labour; with Ms. Hélène Gosselin, Deputy Minister of Labour, Human Resources and Skills Development Canada; Mr. Guy Baron, Director General, Federal Mediation and Conciliation Service, Human Resources and Skills Development Canada; and Mr. Christian Beaulieu, Senior Counsel, Labour Group Head, Human Resources and Skills Development Canada, Legal Services, Department of Justice, were escorted to a seat in the Senate Chamber.
Debate.
With leave, Mr. Peter Edwards, Vice-President, Human Resources and Industrial Relations, Canadian Pacific Railway Limited and Mr. Mike Franczak, Executive Vice-President and Chief Operating Officer, Canadian Pacific Railway Limited, were escorted to a seat in the Senate Chamber.
Debate.
With leave, Mr. Phil Benson, Lobbyist, Teamsters Canada, was escorted to a seat in the Senate Chamber.
Debate.
With leave, Mr. George Smith, Adjunct Professor and Fellow, School of Policy Studies, Queen's University and Mr. Ian Lee, Assistant Professor, Strategic Management and International Business, Sprott School of Business, Carleton University, appearing as individuals, were escorted to a seat in the Senate Chamber.
Debate.
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The title of the Bill was read and postponed.
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Clause 1, the short title of the Bill, was read and postponed.
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Clause 2 of the Bill was read.
The question of concurrence being put on Clause 2 of the Bill, it was adopted, on division.
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Clause 3 of the Bill was read.
The question of concurrence being put on Clause 3 of the Bill, it was adopted, on division.
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Clause 4 of the Bill was read.
The question of concurrence being put on Clause 4 of the Bill, it was adopted, on division.
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Clause 5 of the Bill was read.
The question of concurrence being put on Clause 5 of the Bill, it was adopted, on division.
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Clause 6 of the Bill was read.
The question of concurrence being put on Clause 6 of the Bill, it was adopted, on division.
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Clause 7 of the Bill was read.
The question of concurrence being put on Clause 7 of the Bill, it was adopted, on division.
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Clause 8 of the Bill was read.
The question of concurrence being put on Clause 8 of the Bill, it was adopted, on division.
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Clause 9 of the Bill was read.
The question of concurrence being put on Clause 9 of the Bill, it was adopted, on division.
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Clause 10 of the Bill was read.
The question of concurrence being put on Clause 10 of the Bill, it was adopted, on division.
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Clause 11 of the Bill was read.
The question of concurrence being put on Clause 11 of the Bill, it was adopted, on division.
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Clause 12 of the Bill was read.
The question of concurrence being put on Clause 12 of the Bill, it was adopted, on division.
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Clause 13 of the Bill was read.
The question of concurrence being put on Clause 13 of the Bill, it was adopted, on division.
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Clause 14 of the Bill was read.
The question of concurrence being put on Clause 14 of the Bill, it was adopted, on division.
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Clause 15 of the Bill was read.
The question of concurrence being put on Clause 15 of the Bill, it was adopted, on division.
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Clause 16 of the Bill was read.
The question of concurrence being put on Clause 16 of the Bill, it was adopted, on division.
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Clause 17 of the Bill was read.
The question of concurrence being put on Clause 17 of the Bill, it was adopted, on division.
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Clause 18 of the Bill was read.
The question of concurrence being put on Clause 18 of the Bill, it was adopted, on division.
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Clause 1, the short title of the Bill, was again read.
The question of concurrence being put on Clause 1, the short title of the Bill, it was adopted, on division.
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The title of the Bill was again read.
The question of concurrence being put on the title of the Bill, it was adopted, on division.
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The question of concurrence being put on the Bill, it was adopted, on division.
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The question of concurrence in the motion that the Chair report the Bill to the Senate without amendment being put, it was adopted, on division.
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The sitting of the Senate resumed.
The Chair of the Committee stated that the Committee had examined Bill C-39 and had directed him to report the same to the Senate, without amendment.
With leave of the Senate,
The Honourable Senator Wallin moved, seconded by the Honourable Senator Raine, that the bill be read the third time now.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Boisvenu, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—47
NAYS
The Honourable Senators
Callbeck, Campbell, Chaput, Cordy, Cowan, Dallaire, Day, De Bané, Eggleton, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Mahovlich, Mitchell, Moore, Munson, Poy, Ringuette, Rivest, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Watt, Zimmer—27
ABSTENTIONS
The Honourable Senators
Cools—1
Accordingly, Bill C-39 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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A point of order was raised with respect to Senate Committees meeting while the Senate is in Committee of the Whole.
After debate,
The Speaker reserved his decision.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-313, An Act to amend the Food and Drugs Act (non-corrective contact lenses), to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Eaton, 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.
GOVERNMENT BUSINESS
Bills
Third reading of Bill S-7, An Act to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act, as amended.
The Honourable Senator Frum moved, seconded by the Honourable Senator Finley, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill, as amended, was then read the third time and passed.
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.
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Order No. 2 was 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 3 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
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Consideration of the eleventh report of the Standing Committee on Internal Economy, Budgets and Administration (Senators' Travel Policy), tabled in the Senate on May 17, 2012.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, that the report be adopted.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Kenny, moved, seconded by the Honourable Senator Cordy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
Other
Orders No. 37, 27, 40, 9, 30, 18, 22, 41, 32 (inquiries), 81 (motion), 44, 45, 35, 39, 3 (inquiries), 19 (motion), 38, 33 and 29 (inquiries) were called and postponed until the next sitting.
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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 Chaput, 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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Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the inequities of the Old Age Security Allowance for unattached, low-income seniors aged 60-64 years.
After debate,
The Honourable Senator Carignan 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.
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Orders No. 83 (motion), 25, 42, 26 (inquiries), 75 (motion) and 20 (inquiry) were called and postponed until the next sitting.
WRITTEN DECLARATION OF ROYAL ASSENT
At 6:36 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
May 31, 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 31st day of May, 2012, at 6:16 p.m.
Yours sincerely,
Patricia Jaton
Deputy Secretary
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, May 31, 2012
An Act to provide for the continuation and resumption of rail service operations (Bill C-39, Chapter 8, 2012)
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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, June 5, 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):
Statutes of the Northwest Territories for the Second Session of the Seventeenth Legislative Assembly, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1).—Sessional Paper No. 1/41-924.
Report on the Implementation of the Nunavut Land Claims Agreement for 2006-2008, pursuant to the subsection 37.3.3(h) of the Nunavut Land Claims Agreement, as ratified by the Nunavut Land Claims Agreement Act, S.C. 1993, c. 29, sbs. 4(1). —Sessional Paper No. 1/41-925.
Report on the Implementation of the Nunavut Land Claims Agreement for 2008-2010, pursuant to the subsection 37.3.3(h) of the Nunavut Land Claims Agreement, as ratified by the Nunavut Land Claims Agreement Act, S.C. 1993, c. 29, sbs. 4(1).—Sessional Paper No. 1/41-926.
Report in Response to the Kelowna Accord Implementation Act for the fiscal year ended March 31, 2012, pursuant to the Act, S.C. 2008, c. 23, s. 3.—Sessional Paper No. 1/41-927.
Reports of the Canadian Polar Commission for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-928.
Reports of the Yukon Surface Rights Board for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-929.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Johnson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:38 p.m. the Senate was continued until Tuesday, June 5, 2012, at 2 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Demers replaced the Honourable Senator Housakos (May 31, 2012).
The Honourable Senator Housakos replaced the Honourable Senator Dagenais (May 30, 2012).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Mercer replaced the Honourable Senator Campbell (May 30, 2012).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Martin replaced the Honourable Senator Seth (May 31, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Stratton replaced the Honourable Senator Segal (May 31, 2012).
The Honourable Senator Segal replaced the Honourable Senator Finley (May 30, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Dagenais replaced the Honourable Senator Carignan (May 31, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Finley replaced the Honourable Senator Marshall (May 31, 2012).
The Honourable Senator Eaton replaced the Honourable Senator Maltais (May 31, 2012).
The Honourable Senator Maltais replaced the Honourable Senator Eaton (May 30, 2012).
The Honourable Senator Marshall replaced the Honourable Senator Plett (May 30, 2012).
The Honourable Senator Plett replaced the Honourable Senator Finley (May 30, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator Day replaced the Honourable Senator Hubley (May 30, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Tardif replaced the Honourable Senator Ringuette (May 30, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Housakos replaced the Honourable Senator Patterson (May 31, 2012).
The Honourable Senator Patterson replaced the Honourable Senator Demers (May 30, 2012).