Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 89
Tuesday, June 12, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Cools, Cordy, Dagenais, Dallaire, Dawson, Day, Di Nino, Downe, Doyle, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Cools, Cordy, Dagenais, Dallaire, Dawson, Day, Di Nino, Downe, Doyle, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, 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
Presentation of Reports from Standing or Special Committees
The Honourable Senator Jaffer, Chair of the Standing Senate Committee on Human Rights, tabled its seventh report (interim) entitled: Level the playing field: A natural progression from playground to podium for Canadians with disabilities.—Sessional Paper No. 1/41-954S.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, 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 third reading of Bill C-26, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons).
After debate,
The question being put on the motion, it was adopted.
The bill was then 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.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Nolin, 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
Orders No. 2 to 6 were called and postponed until the next sitting.
Inquiries
Order No. 3 was called and postponed until the next sitting.
COMMITTEE OF THE WHOLE
At 4:08 p.m., pursuant to the order adopted on May 17, 2012, the Senate was adjourned during pleasure and put into a Committee of the Whole to consider the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), presented in the Senate on November 16, 2011, the Honourable Senator Robichaud, P.C., in the Chair.
—In the Committee—
Pursuant to the order adopted on May 17, 2012, the committee studied chapters thirteen and fourteen of Appendix one of the report.
Debate.
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Chapter thirteen of the First Appendix of the report was read.
The Honourable Senator Cools moved, seconded by the Honourable Senator Moore:
That the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament be not now adopted, but that it be amended, in Appendix I, chapter 13,
(a) on page 115, by replacing section 13-1 with the following:
''13-1. The preservation of the privileges of the Senate is the duty of every Senator. A violation of the privileges of any one Senator affects those of all Senators and the ability of the Senate to carry out its functions outlined in the Constitution Act, 1867. Action to ensure protection of the privileges of the Senate takes priority over every other matter before the Senate.''; and
(b) on page 121, by deleting subsection 13-7(11).
The question being put on the motion in amendment, it was negatived.
° ° °
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser:
That chapter thirteen of the First Appendix of the report be not now adopted but that it be amended:
(a) by replacing paragraph (a) of rule 13-5, at page 117 of the Appendix (page 533 of the Journals of the Senate), with the following:
''(a) raise it during the sitting without notice at any time, except during Routine Proceedings, Question Period, or a vote, but otherwise generally following the provisions of this chapter; or'';
(b) by replacing rule 13-6(1), at page 118 of the Appendix (page 534 of the Journals of the Senate), with the following:
''Consideration of question of privilege
13-6. (1) Except as otherwise provided, or unless the Senate adjourns earlier, questions of privilege of which written and oral notice was given shall be considered as soon as the Senate has completed Orders of the Day, but no later than either 8 p.m. the same day or noon on a Friday.
EXCEPTIONS
Rule 8-4(1): Adjournment motion for emergency debate
Rule 13-5(a): Question of privilege without notice
Rule 13-6(2): When question of privilege without notice considered
Rule 13-7(2): Debate on motion on case of privilege'';
(c) by adding the following new rule 13-6(2), at page 118 of the Appendix (page 534 of the Journals of the Senate):
''When question of privilege without notice considered
13-6. (2) A question of privilege raised without notice shall be considered at the time it is raised, unless the Speaker at any time directs that further consideration be delayed until the time for considering questions of privilege of which written and oral notice was received. In this case, the delayed consideration shall be taken up before any questions of privilege of which notice was given.'';
(d) by renumbering current rules 13-6(2) to 13-6(4) as 13-6(3) to 13-6(5); and
(e) by updating any other cross-references in the report and its appendices, including the lists of exceptions, accordingly.
The question being put on the motion in amendment, it was adopted.
° ° °
The Honourable Senator Cools moved, seconded by the Honourable Senator Moore:
That the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament be not now adopted, but that it be amended, in Appendix I, chapter 13, on page 121, by adding, after section 13-7, the following:
''13-8. The Senate has no power, by any vote or declaration, to create new privileges that are not warranted under the Constitution Act, 1867 and the known laws and customs of Parliament.''.
The question being put on the motion in amendment, it was negatived.
° ° °
The Honourable Senator Cools moved, seconded by the Honourable Senator Moore:
That the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament be not now adopted, but that it be amended, in Appendix I, chapter 13, on page 121, by adding, after section 13-7, the following:
''13-8. In accordance with the duty of every Senator to preserve the privileges of the Senate and those of any one Senator, and notwithstanding anything in these Rules, every Senator, as of right and privilege, may move a motion for a question of privilege with no notice.''.
The question being put on the motion in amendment, it was negatived.
The question of concurrence being put on chapter thirteen, of the First Appendix of the report, as amended, it was adopted, on division.
_________
Chapter fourteen of the First Appendix of the report was read.
The question of concurrence being put on chapter fourteen of the First Appendix of the report, it was adopted.
_________
Pursuant to the order adopted on May 17, 2012, the committee studied chapters fifteen and sixteen and the four appendices of Appendix one of the report.
Debate.
_________
Chapter fifteen of the First Appendix of the report was read.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Nolin:
That chapter fifteen of the First Appendix of the report be not now adopted but that it be amended:
(a) by adding the following new rule 15-3(4), at page 130 (page 546 of the Journals of the Senate):
''Suspension of Allowances
15-3. (4) Where a finding of guilt is made against a Senator who has been charged with a criminal offence that was prosecuted by indictment, the Standing Committee on Internal Economy, Budgets and Administration may order the withholding of the payable portion of the sessional allowance of the Senator in accordance with rule 15-3(1)(a) as if the Senator were suspended.'';
(b) by replacing rule 15-4(1), at page 130 (page 546 of the Journals of the Senate), with the following:
''Notice of charge
15-4. (1) At the first opportunity after a Senator is charged with a criminal offence for which the Senator may be prosecuted by indictment, either:
(a) the Senator shall notify the Senate by a signed written notice that is delivered to the Clerk of the Senate, who shall table it; or
(b) the Speaker shall table such proof of the charge as the court may provide.'';
(c) by replacing rule 15-4(2), at page 130 (page 546 of the Journals of the Senate), with the following:
''Leave of absence for accused Senator
15-4. (2) When notice is given under subsection (1), the Senator charged is granted a leave of absence from the time the notice is tabled and is considered to be on public business during this leave of absence.'';
(d) by adding the following new rule 15-4(6), at page 131 (page 547 of the Journals of the Senate):
''Senate resources in case of leave of absence
15-4. (6) If a Senator is granted a leave of absence under subsection (2), the Standing Committee on Internal Economy, Budgets and Administration may, as it considers appropriate in the circumstances, suspend that Senator's right to the use of some or all of the Senate resources otherwise made available for the carrying out of the Senator's parliamentary functions, including funds, goods, services, premises, moving, transportation, travel and telecommunications expenses.''; and
(e) by updating any cross-references in the report and its appendices, including the lists of exceptions, accordingly.
A point of order was raised with respect to the acceptability of the motion in amendment.
Debate.
CHAIR'S RULING
Honourable senators, when I look at the document that is before us, rule 15-2 in the document before us deals with leaves of absence and suspensions. Chapter Fifteen then deals with sessional allowance, and then it deals with the time that a leave of absence should remain in force.
In my view, this is not a completely new matter that is brought before the Senate. This amendment applies to Chapter Fifteen and I would rule that this amendment is in order.
The question being put on the motion in amendment, it was adopted.
The question of concurrence being put on chapter fifteen, of the First Appendix of the report, as amended, it was adopted.
_________
Chapter sixteen of the First Appendix of the report was read.
The question of concurrence being put on chapter sixteen of the First Appendix of the report, it was adopted.
_________
Appendix I of the First Appendix of the report was read.
The question of concurrence being put on Appendix I of the First Appendix of the report, it was adopted.
_________
Appendix II of the First Appendix of the report was read.
The question of concurrence being put on Appendix II of the First Appendix of the report, it was adopted.
_________
Appendix III of the First Appendix of the report was read.
The question of concurrence being put on Appendix III of the First Appendix of the report, it was adopted.
_________
Appendix IV of the First Appendix of the report was read.
The question of concurrence being put on Appendix IV of the First Appendix of the report, it was adopted.
_________
The First Appendix of the report, as amended, was read.
The question of concurrence being put on the First Appendix of the report, as amended, it was adopted, on division.
_________
Pursuant to the order adopted on May 17, 2012, the committee considered its recommendation to the Senate as to whether or not the report should be adopted, as amended.
Debate.
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The Honourable Senator Stratton moved, seconded by the Honourable Senator Nolin:
That the report be not now adopted but that it be amended by replacing its first recommendation, at page 412 of the Journals of the Senate, with the following:
''1. That the existing Rules of the Senate be replaced by the revised Rules of the Senate contained in the First Appendix to this report, including the associated appendices to the Rules, effective from September 17, 2012;''.
A point of order was raised with respect to the acceptability of the motion in amendment.
Debate.
CHAIR'S RULING
Seeing no one else who wishes to speak, this amendment is properly before us, simply because the report in question states:
1. That the existing Rules of the Senate be replaced by the revised Rules of the Senate contained in the First Appendix to this report, including the associated appendices to the Rules, effective from September 1, 2012;
The only thing that the amendment before us states is that the Rules will be effective from September 17, 2012.
The question being put on the motion in amendment, it was adopted, on division.
° ° °
Ordered, That the report be amended by updating any cross-references, including the lists of exceptions, according to the adopted amendments.
° ° °
The question being put on the motion to adopt the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), presented in the Senate on November 16, 2011, as amended, it was adopted, on division.
Pursuant to the order adopted on May 17, 2012, the chair will report the result of the committee's work to the Senate, as soon as convenient, with the recommendation to adopt the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament, along with the proposed amendments.
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The sitting resumed.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Transportation Appeal Tribunal of Canada for the fiscal year ended March 31, 2012, pursuant to the Transportation Appeal Tribunal of Canada Act, S.C. 2001, c. 29, s. 22.—Sessional Paper No. 1/41-953.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Eaton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:09 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on Anti-terrorism
The Honourable Senator Andreychuk replaced the Honourable Senator Buth (June 12, 2012).
The Honourable Senator Tkachuk replaced the Honourable Senator Marshall (June 12, 2012).
The Honourable Senator Marshall replaced the Honourable Senator Tkachuk (June 11, 2012).
The Honourable Senator Buth replaced the Honourable Senator Andreychuk (June 11, 2012).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Dagenais replaced the Honourable Senator Raine (June 12, 2012).
Standing Senate Committee on Human Rights
The Honourable Senator Andreychuk replaced the Honourable Senator Frum (June 12, 2012).
The Honourable Senator Frum replaced the Honourable Senator Boisvenu (June 11, 2012).
The Honourable Senator Boisvenu replaced the Honourable Senator Seidman (June 11, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Wallace replaced the Honourable Senator Finley (June 12, 2012).