Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 92
Monday, June 18, 2012
6:00 p.m.
The Honourable Donald H. Oliver, Speaker pro tempore
The Members convened were:
The Honourable Senators
Angus, Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, White
The Members in attendance to business were:
The Honourable Senators
Angus, Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, *Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, *Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, White
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:
Report of the Commissioner of Lobbying regarding an investigation on the lobbying activities of Keith Beardsley, pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), s. 10.5.—Sessional Paper No. 1/41-969.
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The Honourable Senator Carignan tabled the following:
Certificate of Nomination of Sonia L'Heureux, Parliamentary Librarian.—Sessional Paper No. 1/41-970.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That the Certificate of Nomination for Sonia L'Heureux, Parliamentary Librarian, tabled in the Senate on June 18, 2012, be referred to the Standing Joint Committee on the Library of Parliament for consideration and report;
That the Committee submit its report no later than June 30, 2012; and
That a Message be sent to the House of Commons to acquaint that House accordingly.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-300, An Act respecting a Federal Framework for Suicide Prevention, 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 Marshall, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Plett, for the third reading of Bill S-8, An Act respecting the safety of drinking water on First Nation lands;
And on the motion in amendment of the Honourable Senator Dyck, seconded by the Honourable Senator Watt, that Bill S-8 be amended in clause 3, on page 3, by replacing lines 9 to 11 with the following:
''Act, 1982.''.
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question then being put on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Plett, for the third reading of Bill S-8, An Act respecting the safety of drinking water on First Nation lands, 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.
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Orders No. 2 to 4 were called and postponed until the next sitting.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Carignan, calling the attention of the Senate to the budget entitled, Economic Action Plan 2012: Jobs, Growth, and Long-Term Prosperity, tabled in the House of Commons on March 29, 2012, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on April 2, 2012.
After debate,
The Honourable Senator Poirier 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Commons Public Bills
Third reading of Bill C-288, An Act respecting the National Flag of Canada.
The Honourable Senator Wallin moved, seconded by the Honourable Senator Eaton, that the bill be read the third time.
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.
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Third reading of Bill C-278, An Act respecting a day to increase public awareness about epilepsy.
The Honourable Senator Mercer moved, seconded by the Honourable Senator Day, that the bill be read the third time.
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.
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Third reading of Bill C-310, An Act to amend the Criminal Code (trafficking in persons).
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Runciman, that the bill be read the third time.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Third reading of Bill C-311, An Act to amend the Importation of Intoxicating Liquors Act (interprovincial importation of wine for personal use).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Eaton, that the bill be read the third time.
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.
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Orders No. 5 and 6 were called and postponed until the next sitting.
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Second reading of Bill C-313, An Act to amend the Food and Drugs Act (non-corrective contact lenses).
The Honourable Senator Duffy moved, seconded by the Honourable Senator Frum, that the bill be read the second time.
After debate,
The Honourable Senator Downe moved, seconded by the Honourable Senator Peterson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Order No. 8 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Eaton, for the adoption 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;
And on the motion in amendment of the Honourable Senator Carignan, 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 Carignan, for the Honourable Senator Cools, moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Consideration of the fourteenth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-209, An Act to amend the Criminal Code (prize fights), with an amendment), presented in the Senate on June 14, 2012.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Fraser, that the bill, as amended, 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.
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Orders No. 3 to 5 were called and postponed until the next sitting.
Other
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,
The Honourable Senator Plett moved, seconded by the Honourable Senator Patterson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 75 (motion) and 47 (inquiry) were called and postponed until the next sitting.
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Resuming debate on the motion of 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,
The question being put on the motion, it was adopted.
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Orders No. 19 (motion) and 38 (inquiry) were called and postponed until the next sitting.
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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 Carignan moved, seconded by the Honourable Senator Eaton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 29, 30, 3, 11, 19 and 37 (inquiries) were called and postponed until the next sitting.
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Resuming debate on the inquiry of the Honourable Senator Meighen, calling the attention of the Senate to the economic benefits of recreational Atlantic salmon fishing in Canada.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Day, 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 Cowan, calling 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,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Andreychuk.
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Orders No. 9, 18 and 22 (inquiries) were called and postponed until the next sitting.
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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 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. 32, 44, 45, 35, 25 and 42 (inquiries) were called and postponed until the next sitting.
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Order No. 26 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Hubley called the attention of the Senate to the state of palliative care.
After debate,
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Greene, 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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The Honourable Senator Mitchell called the attention of the Senate to the connection between maintaining the social license to operate in the energy sector and promoting Alberta's interests.
After debate,
The Honourable Senator Lang moved, seconded by the Honourable Senator Martin, 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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With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Johnson:
That the sitting be suspended to reassemble at the call of the Chair, with a fifteen minute bell; and
That, when the sitting resumes, it be either for the purpose of adjournment or to receive any messages from the House of Commons.
The question being put on the motion, it was adopted.
(Accordingly, at 9:36 p.m. the sitting was suspended.)
At 11:22 p.m. the sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, 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.
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A message was brought from the House of Commons with a Bill C-11, An Act to amend the Copyright Act, 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 Marshall, 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canadian International Trade Tribunal for the fiscal year ended March 31, 2012, pursuant to the Canadian International Trade Tribunal Act, R.S.C. 1985, c. 47 (4th Supp.), s. 42.—Sessional Paper No. 1/41-966.
Revised report of the review of the provisions and operations of the National Defence Act, pursuant to the Act and to make consequential amendments to other Acts S.C. 1998, c. 35, s. 96(2).—Sessional Paper No. 1/41-967.
Report on the use of electronic surveillance for the year 2011, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 195(4). —Sessional Paper No. 1/41-968.
ADJOURNMENT
The Honourable Senator Carignan 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 11:24 p.m. the Senate was continued until tomorrow 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 White (June 15, 2012).
The Honourable Senator Campbell replaced the Honourable Senator Watt (June 14, 2012).
Special Senate Committee on Anti-terrorism
The Honourable Senator Buth replaced the Honourable Senator Andreychuk (June 15, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Stewart Olsen replaced the Honourable Senator Brown (June 15, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Cordy replaced the Honourable Senator Dawson (June 14, 2012).
The Honourable Senator Charette-Poulin replaced the Honourable Senator Tardif (June 14, 2012).
The Honourable Senator Campbell replaced the Honourable Senator Jaffer (June 14, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Peterson replaced the Honourable Senator Chaput (June 14, 2012).
The Honourable Senator Joyal, P.C., replaced the Honourable Senator Merchant (June 14, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Finley replaced the Honourable Senator Plett (June 15, 2012).
The Honourable Senator Peterson replaced the Honourable Senator Chaput (June 14, 2012).
The Honourable Senator Chaput replaced the Honourable Senator Peterson (June 14, 2012).