Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 116
Tuesday, November 6, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, Poirier, Raine, Ringuette, Rivard, Rivest, Runciman, Seidman, 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
Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, *Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, *Mahovlich, *Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, *Merchant, Meredith, Mitchell, *Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, *Plett, Poirier, 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
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-201, An Act respecting a National Philanthropy Day,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Smith, P.C. (Cobourg), Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its third report (Amendments to the Rules of the Senate).
(The report is printed as an appendix at pages 1701-1702 (available in print format PDF).)
The Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Cordy, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Martin introduced a Bill S-213, An Act respecting a national day of remembrance to honour Canadian veterans of the Korean War.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Poirier, 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 — Second Reading
Resuming debate on the motion of the Honourable Senator Frum, seconded by the Honourable Senator Ogilvie, for the second reading of Bill S-12, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations.
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 Carignan moved, seconded by the Honourable Senator Poirier, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
SPEAKER'S RULING
On November 1, a point of order was raised about the use of a document by the Honourable Senator Maltais during debate on Bill S-210, which deals with the commercial seal hunt. The senator requested and received leave that the document be tabled and distributed to all senators in the chamber. Later in the sitting, some honourable senators argued that the one-page photograph of a seal consuming a fish constituted an exhibit used to support the senator's position. Under normal practice the use of an exhibit is out of order. Subsequently, when it was clarified that leave had indeed been sought and granted, the focus of discussion shifted to what the proper practices are.
General parliamentary usage does not permit exhibits. At page 612 of the second edition of House of Commons Procedure and Practice, it is noted that "Speakers have consistently ruled out of order displays or demonstrations of any kind used by Members to illustrate their remarks or emphasize their positions. Similarly, props of any kind, used as a way of making a silent comment on issues, have always been found unacceptable in the Chamber." This prohibition is generally followed in the Senate. Debate by definition involves the spoken word. Reference materials such as notes on paper or tablets, or books, may be used by senators to assist them when speaking, as long as they are not disruptive and do not produce sound. Notes may be necessary for prepared interventions, but are generally not appropriate for remarks that should be extemporaneous, such as supplementary questions. Other physical objects that are employed with the goal of reinforcing a point, or that are unduly distracting, are to be avoided. Their use would, as in the case that gave rise to the point of order, require leave.
A second issue related to this point of order has to do with the general distribution of documents in the chamber. Distributing such materials to all senators during the sitting can be disruptive. Materials are only given out to all senators in a limited range of cases, including most notably when the Senate gives leave to take a bill or committee report into consideration later in the same sitting. Any other documents would only be distributed to all senators in the chamber if there is leave to do so, as happened with Senator Maltais. I would remind honourable senators that committee reports that are not for consideration later during the same sitting are not handed out as a matter of course, but can be requested from the pages. Prior to the sitting, only official publications are put on all senators' desks. Departures from these general practices are upon direction from the Speaker.
Since leave was granted to table the document there is no point of order as to it forming part of our record and proceedings, and I hope the additional clarification provided will help the Senate in the future.
GOVERNMENT BUSINESS
Inquiries
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Second Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 7 were called and postponed until the next sitting.
Reports of Committees—Other
Consideration of the ninth report (interim) of the Standing Senate Committee on Aboriginal Peoples, entitled: Additions to Reserve: Expediting the Process, tabled in the Senate on November 1, 2012.
The Honourable Senator White moved, seconded by the Honourable Senator McInnis:
That the ninth report (interim) of the Standing Senate Committee on Aboriginal Peoples, entitled: Additions to Reserves: Expediting the process, tabled in the Senate on November 1, 2012, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Aboriginal Affairs and Northern Development Canada being identified as Minister responsible for responding to the report.
The question being put on the motion, it was adopted.
Consideration of the fourteenth report (interim) of the Standing Senate Committee on Social Affairs, Science and Technology, entitled Canada's Clinical Trial Infrastructure: A Prescription for Improved Access to New Medicines, tabled in the Senate on November 1, 2012.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum:
That the report be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Health being identified as minister responsible for responding to the report.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Eggleton, P.C., 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.
Orders No. 3 to 6 were called and postponed until the next sitting.
Motions
Order No. 108 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Cordy, seconded by the Honourable Senator Fraser:
That the Standing Senate Committee on Social Affairs, Science and Technology which is studying Bill S-204, An Act to establish a national strategy for chronic cerebrospinal venous insufficiency (CCSVI), invite Canadian MS/CCSVI patients who have undergone the venous angioplasty for CCSVI treatment to appear before this committee as witnesses, as their experiences and expertise will provide this committee with a better understanding of the realities faced by those directly affected by this legislation.
After debate,
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Callbeck, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Fraser, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Massicotte, Mercer, Mitchell, Moore, Munson, Ringuette, Sibbeston, Smith (Cobourg), Tardif, Watt, Zimmer—29
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Champagne, Comeau, Dagenais, Demers, Doyle, Duffy, Finley, Fortin- Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Verner, Wallace, Wallin, White—52
ABSTENTIONS
The Honourable Senators
Nil
Orders No. 109, 75 and 83 were called and postponed until the next sitting.
Inquiries
Orders No. 58, 50, 22, 40, 51, 54, 45, 35, 48, 46, 30, 3, 19, 44 and 37 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Mercer, calling the attention of the Senate to Canada's current level of volunteerism, the impact it has on society, and the future of volunteerism in Canada.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Callbeck.
Order No. 18 was called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Proposed Regulations Amending the Immigration and Refugee Protection Regulations, dated August 2012, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 1/41-1358.
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 4:52 p.m. the Senate was continued until tomorrow, at 1:30 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Rivard replaced the Honourable Senator Maltais (November 6, 2012).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator White replaced the Honourable Senator Patterson (November 6, 2012).
Standing Senate Committee on Human Rights
The Honourable Senator Dyck replaced the Honourable Senator Zimmer (November 6, 2012).
The Honourable Senator Patterson replaced the Honourable Senator White (November 5, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Frum replaced the Honourable Senator Buth (November 1, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Runciman replaced the Honourable Senator Finley (November 6, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator Johnson replaced the Honourable Senator Plett (November 5, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Eaton replaced the Honourable Senator Unger (November 2, 2012).