Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 98
Wednesday, June 27, 2012
1:30 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, 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, Merchant, 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 (Cobourg), 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, 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, Merchant, 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 (Cobourg), 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
Presentation of Reports from Standing or Special Committees
The Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, tabled its eighth report (interim) entitled: A Commitment Worth Preserving: Reviving the British Columbia Treaty Process.—Sessional Paper No. 1/41-1006S.
° ° °
The Honourable Senator Gerstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its fifth report (Bill C-11, An Act to amend the Copyright Act, without amendment).
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Wallin, 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 Gerstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its sixth report (budget—review of the Proceeds of crime (money laundering) and terrorist financing act—power to hire staff and to travel).
(The report is printed as an appendix at pages 1510-1515.)
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Braley, 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.
________
With leave,
The Senate reverted to Tabling of Documents.
The Honourable Senator Carignan tabled the following:
Government Response to the second report of the Standing Senate Committee on Agriculture and Forestry entitled:
The Canadian Forest Sector: a Future Based on Innovation, deposited with the Clerk of the Senate on July 5,
2011.—Sessional Paper No. 1/41-1007S.
(Pursuant to rule 131(4), the report and the response were deemed referred to the Standing Senate Committee on
Agriculture and Forestry)
Government Notices of Motions
With the leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That, notwithstanding the order adopted by the Senate on October 18, 2011, the Senate continue its proceedings today beyond 4 p.m. and follow the normal adjournment procedure according to rule 6(1).
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Boisvenu tabled the following:
Report of the Canadian Delegation of the Canadian Section of ParlAmericas respecting its participation at the Signing Ceremony of a Memorandum of Understanding between the Organization of American States and ParlAmericas, held in Washington, D.C., United States of America, on February 9, 2012 and the Bilateral Visit to Port-au-Prince, Haiti, from March 18 to 24, 2012.—Sessional Paper No. 1/41-1008.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 9, dated June 7, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Callbeck, respecting questions asked during the Senate Standing Committee on National Finance meeting on March 23, 2010.—Sessional Paper No. 1/41-1009S.
Reply to Question No. 34, dated December 8, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Callbeck, respecting the cancellation of the mandatory long-form census and its replacement with the Voluntary Household Survey.—Sessional Paper No. 1/41-1010S.
Reply to Question No. 38, dated March 1, 2012, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Segal, respecting the awarding of medals, decorations, awards for present or past members of Canada's Forces. —Sessional Paper No. 1/41-1011S.
Reply to Question No. 41, dated March 28, 2012, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Callbeck, respecting the Transformation Agenda of the Correctional Service of Canada.—Sessional Paper No. 1/41-1012S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.
The Honourable Senator Buth moved, seconded by the Honourable Senator Doyle, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Ringuette moved, seconded by the Honourable Senator Cordy, that Bill C- 38 be not now read a third time but that it be amended
(a) on pages 306 to 311, by deleting clause 447;
(b) in clause 608, on page 373, by replacing line 1 with the following:
''(k.1) subject to section 54.1, establishing criteria for defining or'';
(c) on page 373, by adding after line 21 the following:
''608.1 The Act is amended by adding the following after section 54:
54.1 (1) Before a regulation is made under paragraph 54(k.1), the Minister shall cause the proposed regulation to be laid before each House of Parliament.
(2) The proposed regulation shall be laid before each House of Parliament on the same day.
(3) A proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.
(4) A regulation may not be made under paragraph 54(k.1) before the earlier of
(a) 30 sitting days after the proposed regulation is laid before the Houses of Parliament; and
(b) the day after the appropriate committee of each House has reported its findings with respect to the proposed regulation.
(5) The Minister shall take into account any report of the committee of either House and, if a regulation does not incorporate a recommendation of the committee of either House, the Minister shall cause to be laid before that House a statement of the reasons for not incorporating it.
(6) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.
(7) A regulation may be made under paragraph 54(k.1) without being laid before either House of Parliament if the Minister is of the opinion that the changes made by the regulation to an existing regulation are so immaterial or insubstantial that subsections (1) to (6) should not apply in the circumstances.
(8) If the regulation is made without being laid before the Houses of Parliament, the Minister shall cause to be laid before each House a statement of the Minister's reasons.
(9) For the purpose of this section, ''sitting day'' means a day on which either House of Parliament sits.''; and
(d) in clause 703, on page 402, by adding after line 36 the following:
''(1.1) Before an instruction is given under subsection (1), the Minister shall cause the proposed instruction to be laid before each House of Parliament.
(1.2) The proposed instruction shall be laid before each House of Parliament on the same day.
(1.3) A proposed instruction that is laid before a House of Parliament shall, on the day it is laid, be referred to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed instruction and report its findings to that House.
(1.4) An instruction may not be given under subsection (1) before the earlier of
(a) 30 sitting days after the proposed instruction is laid before the Houses of Parliament; and
(b) the day after the appropriate committee of each House has reported its findings with respect to the proposed instruction.
(1.5) The Minister shall take into account any report of the committee of either House and, if an instruction does not incorporate a recommendation of the committee of either House, the Minister shall cause to be laid before that House a statement of the reasons for not incorporating it.
(1.6) A proposed instruction that has been laid before Parliament need not again be so laid prior to the giving of the instruction, whether it has been altered or not.
(1.7) An instruction may be given under subsection (1) without being laid before either House of Parliament if the Minister is of the opinion that the changes made by the instruction to an existing instruction are so immaterial or insubstantial that subsections (1.1) to (1.6) should not apply in the circumstances.
(1.8) If the instruction is given without being laid before the Houses of Parliament, the Minister shall cause to be laid before each House a statement of the Minister's reasons.
(1.9) For the purpose of this section, ''sitting day'' means a day on which either House of Parliament sits.'';
(e) on page 150, in clause 133, by replacing line 21 with the following:
'' the fish as food or for subsistence or earning a moderate livelihood or for social'';
(f) on page 151, in clause 133, by replacing line 5 with the following:
''to fish includes any permanent or recurring'';
(g) on pages 340 and 341, by deleting clause 525;
(h) on page 369, by deleting clause 602; and
(i) on page 395, in clause 682, by replacing line 8 with the following:
''or a veteran's spouse, common-law partner or survivor if the veteran or the veteran's spouse, common-law partner or survivor meets''.
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Fraser, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator Angus, for the 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.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Martin, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.
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 4 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom).
The Honourable Senator Finley moved, seconded by the Honourable Senator Frum, that the bill be read the second time.
After debate,
The Honourable Senator Munson moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Other
Orders No. 51 and 46 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to how the allegations of sexual harassment and harassment generally can be better handled in the RCMP.
After debate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Kenny, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
A point of order was raised with respect to remarks made during debate on inquiry No. 50.
After debate,
The Speaker reserved his decision.
° ° °
Order No. 83 (motion) was called and postponed until the next sitting.
° ° °
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.
The question being put on the motion, it was adopted.
° ° °
Orders No. 27, 40, 43, 48 (inquiries), 75 (motion), 47 (inquiry), 19 (motion), 38, 29, 30, 3, 11, 19, 37, 9, 18, 22, 32 and 44 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Tardif, calling the attention of the Senate to Justice in French in Francophone Minority Communities.
After debate,
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mahovlich, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Robichaud, P.C., calling the attention of the Senate to the importance of food banks to families and the working poor.
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Di Nino called the attention of the Senate to the benefits of immigration in our past, our present and our future.
Debate concluded.
° ° °
The Honourable Senator Martin called the attention of the Senate to:
(a) the importance of the Korean War, the third bloodiest war in Canadian History but often called ''The Forgotten War''; and
(b) Canada's contribution to the three-year war on the Korean Peninsula, including the 26,791 Canadians who came to the aid of South Korea, 516 of whom gave the ultimate sacrifice, and the 7,000 Canadian peacekeepers who arrived following the signing of the Korea Armistice Agreement in Panmunjom 59 years ago this July 27.
Debate.
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 39(4)(a), the Senate proceeded to the taking of the deferred standing vote 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.
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, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—52
NAYS
The Honourable Senators
Callbeck, Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Kenny, Mahovlich, Massicotte, Mercer, Merchant, Mitchell, Moore, Munson, Peterson, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif, Watt, Zimmer—33
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill C-31 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.
INQUIRIES
The Senate resumed debate on the inquiry of the Honourable Senator Martin, calling the attention of the Senate to:
(a) the importance of the Korean War, the third bloodiest war in Canadian History but often called ''The Forgotten War''; and
(b) Canada's contribution to the three-year war on the Korean Peninsula, including the 26,791 Canadians who came to the aid of South Korea, 516 of whom gave the ultimate sacrifice, and the 7,000 Canadian peacekeepers who arrived following the signing of the Korea Armistice Agreement in Panmunjom 59 years ago this July 27.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Dawson, 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 Jaffer moved, seconded by the Honourable Senator Cordy:
That notwithstanding the Order of the Senate adopted on June 22, 2011, the date for the final report of the Standing Senate Committee on Human Rights on issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations be extended from June 30, 2012 to June 28, 2013.
The question being put on the motion, it was adopted.
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The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That notwithstanding the Order of the Senate adopted on October 26, 2011, the date for the final report of the Standing Senate Committee on Human Rights on issues of discrimination in the hiring and promotion practices of the Federal Public Service, to study the extent to which targets to achieve employment equity are being met, and to examine labour market outcomes for minority groups in the private sector be extended from June 30, 2012 to June 28, 2013.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Fraser:
That notwithstanding the Order of the Senate adopted on November 2, 2011, the date for the final report of the Standing Senate Committee on Human Rights on the monitoring of the implementation of recommendations contained in the committee's report entitled Children: The Silenced Citizens: Effective Implementation of Canada's International Obligations with Respect to the Rights of Children be extended from June 30, 2012 to June 28, 2013.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Fraser:
That notwithstanding the Order of the Senate adopted on November 30, 2011, the date for the final report of the Standing Senate Committee on Human Rights on cyberbullying in Canada be extended from October 31, 2012 to December 14, 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 5:40 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 Banking, Trade and Commerce
The Honourable Senator Oliver replaced the Honourable Senator Nolin (June 27, 2012).
The Honourable Senator Nolin replaced the Honourable Senator Nancy Ruth (June 26, 2012).
The Honourable Senator Hubley replaced the Honourable Senator Harb (June 26, 2012).
The Honourable Senator Nancy Ruth replaced the Honourable Senator Oliver (June 26, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Gerstein replaced the Honourable Senator Mockler (June 26, 2012).