Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 97
Tuesday, June 26, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, 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, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, 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 Senator Carignan tabled the following:
Report of the Nisga'a Final Agreement: Implementation Report for 2009-2010.—Sessional Paper No. 1/41-1005.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its twelfth report (Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, without amendment).
The Honourable Senator Carignan 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
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That, pursuant to rule 39, not more than a further six hours of debate be allocated for consideration at third reading stage of Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act;
That when debate comes to an end or when the time provided for the debate has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the third reading stage of the said Bill; and
That any recorded vote or votes on the said question shall be taken in accordance with rule 39(4).
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brown, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—52
NAYS
The Honourable Senators
Baker, Callbeck, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Kenny, Mahovlich, Massicotte, Mercer, Mitchell, Moore, Munson, Peterson, Poy, Ringuette, Rivest, Robichaud, Tardif, Watt, Zimmer—35
ABSTENTIONS
The Honourable Senators
Nil
Bills
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Unger, for the third reading of Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act;
And on the motion in amendment of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy, that Bill C-31 be not now read a third time but that it be amended
(a) in clause 23,
(i) on page 12, by replacing line 39 with the following:
''and who is 18 years of age or older on the day'', and
(ii) on page 13, by replacing line 3 with the following:
''who was 18 years of age or older on the day'';
(b) in clause 24, on page 13, by replacing line 11 with the following:
''Division and who was 18 years of age or older'';
(c) in clause 25, on page 13, by replacing line 27 with the following:
''was 18 years of age or older on the day of the'';
(d) in clause 26, on page 14,
(i) by replacing line 9 with the following:
''designated foreign national who was 18 years'',
(ii) by replacing line 20 with the following:
''designated foreign national and who was 18'', and
(iii) by replacing line 37 with the following:
''18 years of age or older on the day of the arrival'';
(e) in clause 27, on page 15,
(i) by replacing line 2 with the following:
''designated foreign national who was 18 years of'', and
(ii) by replacing line 10 with the following:
''foreign national who was 18 years of age or''; and
(f) in clause 28, on page 15, by replacing line 32 with the following:
''who was 18 years of age or older on the day''.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Hervieux-Payette, Hubley, Jaffer, Mahovlich, Massicotte, Mercer, Mitchell, Moore, Munson, Peterson, Poy, Ringuette, Robichaud, Tardif, Zimmer—29
NAYS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brown, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—51
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Unger, for the third reading of Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act.
Pursuant to rule 39(4)(a), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
° ° °
Order No. 4 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Nancy Ruth, for the third reading of Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts.
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, without amendment.
° ° °
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Brown, for the third reading of Bill S-9, An Act to amend the Criminal Code, as amended.
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.
Reports of Committees
Consideration of the second report of the Standing Joint Committee on the Library of Parliament (appointment of Ms. Sonia L'Heureux to the office of Parliamentary Librarian), presented in the Senate on June 20, 2012.
The Honourable Senator Rivard moved, seconded by the Honourable Senator Patterson, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Inquiries
Order No. 3 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
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees
Consideration of the sixth report of the Standing Senate Committee on Transport and Communications, (supplementary budget—study on emerging issues related to the Canadian airline industry), presented in the Senate on June 21, 2012.
The Honourable Senator Dawson moved, seconded by the Honourable Senator Day, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
Other
Orders No. 46, 50 (inquiries), 83, 81 (motions), 27, 40, 43, 48 (inquiries), 75 (motion), 47 (inquiry), 19 (motion), 38, 29, 30, 3, 11, 19, 37, 9, 18, 22, 32, 44, 45 and 35 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Poy called the attention of the Senate to the importance of Asia to Canada's future prosperity.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, 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 moved, seconded by the Honourable Senator Eaton:
That, notwithstanding the orders of the Senate adopted on Tuesday, January 31, 2012, Tuesday, May 15, 2012 and Tuesday, June 19, 2012, the date for 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 further extended from June 29, 2012, to December 31, 2012.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:31 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 Agriculture and Forestry
The Honourable Senator Eaton replaced the Honourable Senator Seth (June 21, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Smith (Saurel) replaced the Honourable Senator White (June 26, 2012).
The Honourable Senator White replaced the Honourable Senator Smith (Saurel) (June 26, 2012).
The Honourable Senator Massicotte replaced the Honourable Senator Baker, P.C. (June 22, 2012).
The Honourable Senator Oliver replaced the Honourable Senator Wallace (June 22, 2012).
The Honourable Senator Baker, P.C., replaced the Honourable Senator Massicotte (June 22, 2012).
The Honourable Senator Tkachuk replaced the Honourable Senator Plett (June 22, 2012).
The Honourable Senator Plett replaced the Honourable Senator Tkachuk (June 22, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Carignan replaced the Honourable Senator Seidman (June 21, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Di Nino replaced the Honourable Senator Wallace (June 21, 2012).
The Honourable Senator Jaffer replaced the Honourable Senator Campbell (June 21, 2012).
The Honourable Senator Chaput replaced the Honourable Senator Peterson (June 21, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Mockler replaced the Honourable Senator Gerstein (June 26, 2012).