Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 91
Thursday, June 14, 2012
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Angus, Ataullahjan, Boisvenu, Braley, Brown, Buth, Carignan, Chaput, Cochrane, Comeau, Cools, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Jaffer, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Runciman, 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
Angus, Ataullahjan, Boisvenu, Braley, Brown, Buth, Carignan, Chaput, *Charette-Poulin, Cochrane, Comeau, Cools, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Jaffer, *Joyal, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, *Rivest, Robichaud, Runciman, 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:
Annual Report of the Office of the Public Sector Integrity Commissioner for the fiscal year ending March 31, 2012, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46 s. 38.—Sessional Paper No. 1/41-962.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Ogilvie, Chair of Standing Senate Committee on Social Affairs, Science and Technology, presented its eleventh report (Bill C-288, An Act respecting the National Flag of Canada, without amendment).
The Honourable Senator Wallin moved, seconded by the Honourable Senator Raine, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Ogilvie, Chair of Standing Senate Committee on Social Affairs, Science and Technology, presented its twelfth report (Bill C-278, An Act respecting a day to increase public awareness about epilepsy, without amendment).
The Honourable Senator Mercer moved, seconded by the Honourable Senator Day, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance tabled its eleventh report (Supplementary estimates (A), 2012-2013).—Sessional Paper No. 1/41-963S.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser, Deputy Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its thirteenth report (Bill C-310, An Act to amend the Criminal Code (trafficking in persons), without amendment).
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Poirier, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser presented the following:
Thursday, June 14, 2012
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
FOURTEENTH REPORT
Your committee, to which was referred Bill S-209, An Act to amend the Criminal Code (prize fights), has, in obedience to the order of reference of Thursday, April 26, 2012, examined the said Bill and now reports the same with the following amendment:
Clause 1, page 1:
Replace line 14 with the following:
''of the International Olympic Committee or the International Paralympic Committee and,''.
Respectfully submitted,
JOAN FRASER
For the Honourable Bob Runciman, Chair of the Committee
The Honourable Senator Fraser moved, seconded by the Honourable Senator De Bané, P.C., 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard:
That when the Senate adjourns today, it do stand adjourned until Monday, June 18, 2012, at 6 p.m. and that rule 13(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Mitchell tabled the following:
Report of the Canadian Parliamentary Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Parliamentary Mission to the Republic of Cyprus, the next country to hold the rotating Presidency of the Council of the European Union and the United Kingdom, held in Nicosia, the Republic of Cyprus and London, United Kingdom, from April 19 to 26, 2012.—Sessional Paper No. 1/41-964.
° ° °
The Honourable Senator Plett tabled the following:
Report of the Canadian Parliamentary Delegation of the Canada-China Legislative Association and Canada-Japan Inter-Parliamentary Group respecting its participation at the 19th Annual Meeting of the Asia-Pacific Parliamentary Forum, held in Ulaan Baatar, Mongolia, from January 23 to 27, 2011. —Sessional Paper No. 1/41-965.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Reports of Committees
Consideration of the eleventh report of the Standing Senate Committee on National Finance (Supplementary estimates (A), 2012-2013), tabled in the Senate earlier this day.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills
Order No. 1 was called and postponed until the next sitting.
° ° °
Third reading of Bill C-40, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Manning, that the bill be read the third time.
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
° ° °
Third reading of Bill C-41, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Nolin, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
° ° °
Second reading of Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, 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 Tkachuk moved, seconded by the Honourable Senator Stratton, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
—————
With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Gerstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its third report (Bill C-311, An Act to amend the Importation of Intoxicating Liquors Act (interprovincial importation of wine for personal use), without amendment).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Eaton, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-23, An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Angus, that the bill be read the second time.
After debate,
The Honourable Senator Downe moved, seconded by the Honourable Senator Poy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 6 and 7 were called and postponed until the next sitting.
Inquiries
Order No. 3 was called and postponed until the next sitting.
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That the proposed Firearms Information Regulations (Non-Restricted Firearms), tabled in the Senate on June 13, 2012, be referred to the Standing Senate Committee on Legal and Constitutional Affairs, pursuant to subsection 118(3) of the Firearms Act (S.C. 1995, c. 39).
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-210, An Act to amend the Fisheries Act (commercial seal fishing).
The Honourable Senator Harb moved, seconded by the Honourable Senator Poy, that the bill be read the second time.
After debate,
The Honourable Senator Harb moved, seconded by the Honourable Senator Poy, 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 4 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Consideration of the first report of the Committee of the Whole (First report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), with amendments), presented in the Senate on June 13, 2012.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Eaton, that the report be adopted.
After debate,
In amendment, the Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that the report be not now adopted but that it be amended
(a) by adding the following new recommendation number 4:
''4. Replace the French text of rule 4-11(3), at page 42 of the First Appendix of the report (page 458 of the Journals of the Senate), with the following:
''Rappels au Règlement et questions de privilège non permis au cours des affaires courantes et la période des questions
4-11. (3) Les rappels au Règlement et les questions de privilège sont irrecevables au cours des affaires courantes et de la période des questions.''; and
(b) by renumbering current recommendations 4 to 16 in the report as recommendations 5 to 17.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Moore, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 19 (motion), 38 (inquiry), 81 (motion), 29, 30, 3, 11, 19, 37, 27, 40, 9, 18, 22, 41, 32, 44, 45 and 35 (inquiries) were called and postponed until the next sitting.
° ° °
Order No. 39 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
° ° °
Resuming debate on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Tardif:
That the Standing Senate Committee on National Finance be authorized to examine and report on the tax consequences of various public and private advocacy activities undertaken by charitable and non-charitable entities in Canada and abroad;
That, in conducting such a study, the Committee take particular note of:
(a) Charitable entities that receive funding from foreign sources;
(b) Corporate entities that claim business deductions against Canadian taxes owing for their advocacy activities, both in Canada and abroad; and
(c) Educational entities that utilize their charitable status to advocate on behalf of the interests of private entities; and
That the Committee submit its final report to the Senate no later than June 30, 2013, and retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Lang.
° ° °
Orders No. 25, 42 and 26 (inquiries) were called and postponed until the next
° ° °
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino:
That the Standing Committee on Internal Economy, Budgets and Administration be authorized to examine and report on the powers and responsibilities of the officers of parliament, and their reporting relationships to the two houses; and
That the committee present is final report no later than March 31, 2013.
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.
° ° °
Order No. 20 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Meredith called the attention of the Senate to:
(a) the importance of relations between Trinidad & Tobago and Canada over the past 50 years.
(b) the contributions that people of Trinidadian & Tobagan descent have made to Canadian society.
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.
MOTIONS
The Honourable Senator Carignan, for the Honourable Senator Andreychuk, moved, seconded by the Honourable Senator Gerstein:
That notwithstanding the Order of the Senate adopted on Thursday, February 2, 2012, the date of presentation of the final report of the Standing Senate Committee on Foreign Affairs and International Trade on the Canadian foreign policy regarding Iran, its implications, and other related matters be extended from June 30, 2012 to October 31, 2012.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Tardif:
That the Senate urge the Government of the Islamic Republic of Iran to grant clemency to Hamid Ghassemi-Shall on compassionate and humanitarian grounds, call for his release and return to his family and spouse in Canada, and urge Iran to reverse its current course and to adhere to its international human rights obligations.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Frum.
° ° °
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Wallin:
That, until June 29, 2012, for the purposes of its consideration of any item of government business, the Standing Senate Committee on Banking, Trade and Commerce have the power to sit even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.
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 was put on the motion.
Pursuant to rule 65(3), a standing vote was requested, with the bells to ring for thirty minutes.
Ordered, That the standing vote be not proceeded with.
The Senate resumed debate on the motion of the Honourable Senator Gerstein, seconded by the Honourable Senator Wallin:
That, until June 29, 2012, for the purposes of its consideration of any item of government business, the Standing Senate Committee on Banking, Trade and Commerce have the power to sit even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.
After debate,
In amendment, the Honourable Senator Carignan moved, seconded by the Honourable Senator Gerstein, that the motion be amended to read as follows:
That, until June 29, 2012, for the purposes of its consideration of Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, and Bill C-11, An Act to amend the Copyright Act, should this latter bill be referred to the committee, the Standing Senate Committee on Banking, Trade and Commerce have the power to sit even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.
The question being put on the motion in amendment, it was adopted.
The question was then put on the main motion, as amended, it was adopted.
° ° °
The Honourable Senator Plett moved, seconded by the Honourable Senator Patterson:
That, notwithstanding the order of the Senate adopted on Wednesday, June 22, 2011, the date for the final report of the Standing Senate Committee on National Security and Defence in relation to its study on the services and benefits provided to members of the Canadian Forces, to veterans, and to members and former members of the Royal Canadian Mounted Police and their families be extended from June 17, 2012 to June 28, 2013.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:32 p.m. the Senate was continued until Monday, June 18, 2012 at 6 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 Demers (June 13, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Brown replaced the Honourable Senator Stewart Olsen (June 14, 2012).
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator De Bané, P.C. (June 13, 2012).
The Honourable Senator Tkachuk replaced the Honourable Senator Mockler (June 13, 2012).
The Honourable Senator Mockler replaced the Honourable Senator Tkachuk (June 13, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Tardif replaced the Honourable Senator Cordy (June 13, 2012).
The Honourable Senator Jaffer replaced the Honourable Senator Campbell (June 13, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Merchant replaced the Honourable Senator Joyal, P.C. (June 13, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Cordy replaced the Honourable Senator Mercer (June 13, 2012).