Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 104
Tuesday, October 2, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, McCoy, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Peterson, Plett, Poirier, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Unger, Verner, Wallace, Wallin, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, *Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, *Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, *Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, McCoy, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, *Patterson, Peterson, Plett, Poirier, *Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, *Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, *Tkachuk, Unger, Verner, Wallace, Wallin, 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.
ROUTINE PROCEEDINGS
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Stratton presented the following:
Tuesday, October 2, 2012
The Standing Committee on Conflict of Interest for Senators has the honour to present its
FOURTH REPORT
Your Committee is responsible on its own initiative for all matters relating to the Conflict of Interest Code for Senators, pursuant to rule 12-7(16)(b) of the Rules of the Senate.
Section 53 of the Code requires your Committee to undertake a comprehensive review of the provisions and operation of the Code once every five years. Such a comprehensive review was last undertaken in 2007, and completed by the presentation of the Fourth Report of your Committee on May 28, 2008, which was adopted by the Senate on May 29, 2008. Accordingly, your Committee would be expected to undertake a comprehensive review of the Code, and report to the Senate next year, in 2013.
Earlier this session, on March 29, 2012, your Committee presented its third report to the Senate. In this report, the Committee recommended six substantive amendments to the Code. The Senate concurred in the Third Report on May 1, 2012.
Your Committee feels that it would not be appropriate to undertake a comprehensive review of the Code at this time. Your Committee would like to benefit from the implementation of the recent amendments before undertaking a review of the Code anew.
Your Committee recommends, therefore, that its third report be considered as the comprehensive review of the Code contemplated by section 53, and that the next comprehensive review be undertaken by the Committee in five years, or 2017, in accordance with the provisions of section 53 of the Code.
Your Committee notes that this recommendation does not affect the mandate of your Committee, which is responsible on its own initiative for all matters relating to the Code, and its authority to recommend amendments to the Code at all times, if need be.
Respectfully submitted,
TERRY STRATTON
Chair
The Honourable Senator Stratton moved, seconded by the Honourable Senator Andreychuk, 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.
SPEAKER'S RULING
On Wednesday, June 27, Senator Tardif rose on a point of order in relation to comments made by Senator Wallin in debate on an inquiry dealing with allegations of harassment in the RCMP. Senator Tardif cited rule 51, which forbids all personal, sharp or taxing speeches. Under our revised Rules, this has become rule 6-13(1). A number of honourable senators then contributed to arguments on the point of order, including the Honourable Senators Comeau, Cowan, Downe, Duffy, Fraser, Plett and Tkachuk. Some senators suggested that the remarks at issue had been, in part, a response to an earlier speech on the inquiry by the Honourable Senator Mitchell on June 21, 2012.
Freedom of speech is a fundamental right necessary for the performance of our duties as parliamentarians. This right, as described in the second edition of House of Commons Procedure and Practice, at pages 89-90, permits members "...to speak in the House without inhibition, to refer to any matter or express any opinion as they see fit, to say what they feel needs to be said in the furtherance of the national interest...". However, this right is not absolute. It is "[s] ubject to the rules of order in debate...", as indicated at page 222 of the 24th edition of Erskine May.
There is no definitive list of words or expressions that are "personal, sharp or taxing". Indeed, as explained in a ruling of December 16, 2011, "[t]he circumstances and tone of the debate in question play important roles in this determination".
By and large, this limitation on the freedom of speech is observed in the Senate without incident. The Senate is a largely self-regulating chamber and each of us assumes responsibility for maintaining order and decorum in this place. In close to 30 years, only eight rulings have addressed inappropriate language. This is because the respectful exchange of ideas and information is a basic characteristic of the Senate.
In the past, I have asked senators to show care in how they frame their remarks. This caution includes whether senators are speaking extemporaneously or from prepared remarks. It is possible to express a position firmly and with conviction, indeed to attack a contrary view, while avoiding giving offence. We should always strive to show respect for each other, for the right to hold and express our divergent opinions is the basis of free speech.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Inquiries
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Duffy, seconded by the Honourable Senator Frum, for the second reading of Bill C-313, An Act to amend the Food and Drugs Act (non-corrective contact lenses).
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Orders No. 3 to 6 were called and postponed until the next sitting.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Motions
Orders No. 83 and 75 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Munson:
That the Government of Canada officially apologize in Parliament to the South Asian community and to the individuals impacted in the 1914 Komagata Maru incident.
After debate,
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Furey, Harb, Hubley, Jaffer, Joyal, Lovelace Nicholas, Merchant, Mitchell, Moore, Munson, Peterson, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif—26
NAYS
The Honourable Senators
Andreychuk, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Champagne, Comeau, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Plett, Poirier, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Unger, Verner, Wallace, Wallin, White—53
ABSTENTIONS
The Honourable Senators
Nil
Inquiries
Orders No. 52, 44, 37, 9, 18, 22, 51, 54, 50, 45, 35, 46, 27, 40, 48, 47 and 29 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Losier-Cool, calling the attention of the Senate to the evolution of education in the language of the minority.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton, 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 Cordy, calling the attention of the Senate to those Canadians living with multiple sclerosis (MS) and chronic cerebrospinal venous insufficiency (CCSVI), who lack access to the "liberation" procedure.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Merchant, 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.
Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the inequities of the Old Age Security Allowance for unattached, low-income seniors aged 60-64 years.
After debate,
The Honourable Senator Hubley 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2011, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 1/41- 1214.
Report of the National Round Table on the Environment and the Economy, together with the Auditor General's Report, for the fiscal year ended March 31, 2012, pursuant to the National Round Table on the Environment and the Economy Act, S.C. 1993, c. 31, sbs. 23(2).—Sessional Paper No. 1/41-1215.
Reports of the Canadian Environmental Assessment Agency for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/ 41-1216.
Reports of the Department of Environment Canada for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41- 1217.
Reports of the Canada Emission Reduction Incentives Agency for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/ 41-1218.
Report of Atomic Energy of Canada Limited for the fiscal year ended March 31, 2012, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-1219.
Report of the President of the Treasury Board for the fiscal year ended March 31, 2012, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-1220.
Biennial Report of the Cree-Naskapi Commission for the year 2012, pursuant to the Cree-Naskapi (of Quebec) Act, S.C. 1984, c. 18, sbs. 171(1).—Sessional Paper No. 1/41-1221.
Report on the Government of Canada's Official Development Assistance for the fiscal year ended March 31, 2012, pursuant to the Official Development Assistance Accountability Act, S.C. 2008, c. 17, s. 5.—Sessional Paper No. 1/41- 1222.
Report of the Canadian Race Relations Foundation, together with the Auditor General's Report, for the fiscal year ended March 31, 2012, pursuant to the Canadian Race Relations Foundation Act, S.C. 1991, c. 8, sbs. 26(3).—Sessional Paper No. 1/41-1223.
Report of the National Capital Commission for the fiscal year ended March 31, 2012, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-1224.
Report of the Standards Council of Canada for the fiscal year ended March 31, 2012, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-1225.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:10 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Nolin replaced the Honourable Senator Maltais (October 1, 2012).
Special Senate Committee on Anti-terrorism
The Honourable Senator Jaffer replaced the Honourable Senator Smith, P.C. (Cobourg) (October 1, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Marshall replaced the Honourable Senator Tkachuk (October 1, 2012).
The Honourable Senator Buth replaced the Honourable Senator Maltais (October 1, 2012).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Runciman replaced the Honourable Senator Raine (October 1, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Wallin replaced the Honourable Senator Lang (October 1, 2012).
The Honourable Senator Dallaire replaced the Honourable Senator De Bané, P.C. (September 28, 2012).
The Honourable Senator Hubley replaced the Honourable Senator Mahovlich (September 28, 2012).
Standing Senate Committee on Human Rights
The Honourable Senator Ngo replaced the Honourable Senator Meredith (October 1, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator De Bané, P.C. (October 1, 2012).
The Honourable Senator Nolin replaced the Honourable Senator Fortin-Duplessis (October 1, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Merchant replaced the Honourable Senator Hubley (September 28, 2012).