Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 118
Thursday, November 8, 2012
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fraser, Frum, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, *Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, *Day, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, *Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, 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, *Robichaud, Runciman, Seidman, *Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, 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.
ROUTINE PROCEEDINGS
Tabling of Documents
The Honourable Senator Carignan tabled the following:
Departmental Performance Reports for the fiscal year ended March 31, 2012:
Aboriginal Affairs and Northern Development Canada and Canadian Polar Commission
Agriculture and Agri-Food Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Industrial Relations Board
Canada Revenue Agency
Canada School of Public Service
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Forces Grievance Board
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Northern Economic Development Agency
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Commission for Public Complaints Against the Royal Canadian Mounted Police
Copyright Board Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Foreign Affairs and International Trade
Department of Justice Canada
Economic Development Agency of Canada for the Regions of Quebec
Federal Economic Development Agency for Southern Ontario
Environment Canada
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Hazardous Materials Information Review Commission Canada
Health Canada
Human Resources and Skills Development Canada
Immigration and Refugee Board of Canada
Industry Canada
Infrastructure Canada
Library and Archives Canada
Military Police Complaints Commission of Canada
National Defence
National Energy Board
National Film Board
National Parole Board
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs Canada
Office of the Commissioner of Lobbying Canada
Office of the Commissioner of Official Languages
Office of the Communications Security Establishment Commissioner
Office of the Information Commissioner of Canada
Office of the Privacy Commissioner of Canada
Office of the Superintendent of Financial Institutions Canada
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Appointments Commission Secretariat
Public Health Agency of Canada
Public Prosecution Service of Canada
Public Safety Canada
Public Servants Disclosure Protection Tribunal Canada
Office of the Public Sector Integrity Commissioner of Canada
Public Service Commission of Canada
Public Service Labour Relations Board
Public Service Staffing Tribunal
Public Works and Government Services Canada
RCMP External Review Committee
Registry of the Competition Tribunal
Registry of the Specific Claims Tribunal of Canada
Royal Canadian Mounted Police
Security Intelligence Review Committee
Social Sciences and Humanities Research Council of Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
The Correctional Investigator Canada
The National Battlefields Commission
Transport Canada
Transportation Appeal Tribunal of Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Veterans Review and Appeal Board
Western Economic Diversification Canada.—Sessional Paper No. 1/41-1359.
Supplementary Estimates (B) 2012-2013.—Sessional Paper No. 1/41-1360.
Government Response to the fifth report of the Standing Senate Committee on Transport and Communications,
entitled: The Future of Canadian Air Travel: Toll Booth or Spark Plug, tabled in the Senate on June 5, 2012.—Sessional
Paper No. 1/41-1361S.
(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on
Transport and Communications)
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its fifteenth report (Third Annual Report on Parliamentary Associations' Activities and Expenditures for 2011-2012). —Sessional Paper No. 1/41-1362S.
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its seventh report (Bill S-10, An Act to implement the Convention on Cluster Munitions, without amendment).
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, 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 Fraser, Deputy Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its sixteenth report (Bill C-290, An Act to amend the Criminal Code (sports betting), without amendment).
The Honourable Senator Carignan moved, seconded by the Honourable Senator Neufeld, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-24, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama, 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 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.
The Honourable Senator Carignan introduced a Bill S-13, An Act to amend the Coastal Fisheries Protection Act.
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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Tkachuk tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the 18th Bilateral Meeting, held in Tokyo and the Tohoku Region, Japan, from May 20 to 25, 2012.—Sessional Paper No. 1/41-1363.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 4-10(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 44, dated April 26, 2012, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Treasury Board numbers for public sector employees as of March 31, 2012.—Sessional Paper No. 1/41-1364S.
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
Second reading of Bill S-213, An Act respecting a national day of remembrance to honour Canadian veterans of the Korean War.
The Honourable Senator Martin moved, seconded by the Honourable Senator Neufeld, that the bill be read the second time.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Day, 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.
Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Poy, for the second reading of Bill S-210, An Act to amend the Fisheries Act (commercial seal fishing).
After debate,
The Honourable Senator Patterson moved, seconded by the Honourable Senator MacDonald, 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 and 4 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-350, An Act to amend the Corrections and Conditional Release Act (accountability of offenders).
The Honourable Senator White moved, seconded by the Honourable Senator McInnis, that the bill be read the second time.
After debate,
The Honourable Senator Tardif 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.
Second reading of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Braley, that the bill be read the second time.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Dallaire, 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.
Orders No. 4 to 7 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 5 were called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Day:
That the Standing Senate Committee on National Security and Defence be authorized to examine and report on harassment in the Royal Canadian Mounted Police; and
That the committee submit its final report no later than June 30, 2013.
After debate,
The question being put on the motion, it was adopted.
Orders No. 109, 75 and 83 were called and postponed until the next sitting.
Inquiries
Orders No. 35, 9, 58, 50, 22, 40, 51 and 54 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 access to Justice in French in Francophone Minority Communities.
After debate,
The Honourable Senator Chaput, for the Honourable Senator Charette-Poulin, moved, seconded by the Honourable Senator Tardif, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 48, 46, 30, 3, 19, 44, 37 and 18 were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Cools called the attention of the Senate to:
(a) the new monument recognizing the aircrews of World War II Bomber Command, called the Royal Air Force Bomber Command Memorial, and to the ceremony for the dedication and unveiling of this monument at Green Park, London, on June 28th, 2012, by Her Majesty the Queen, Elizabeth II, and to the attendance at this ceremony of Marshal of the Royal Air Force His Royal Highness the Duke of Edinburgh; and
(b) the attendance at this ceremony of several members of the Royal Family being Their Royal Highnesses, Marshal of the Royal Air Force the Prince of Wales, and Air Marshal Prince Michael of Kent, and Air Chief Marshal the Duke of Kent, and Air Marshal the Duke of Gloucester, and Air Commodore the Earl of Wessex, and Air Commodore the Duke of York, and also Their Royal Highnesses, the Duchess of Gloucester and the Countess of Wessex, revealing the closeness of the Royal Family to Britain’s Royal Air Force and their dedication to the memory of all of those who fell in the Royal Air Force in the Second World War; and
(c) Remembrance Day on November 11, 2012, the day for our Canadian veterans and those who served, when we remember, reflect on, and uphold all those who answered the call of duty, and those who fell in active combat, in their assigned theatres of war particularly in the Second World War, in defence of God, King, and Country, the British Commonwealth and the Allied countries; and
(d) Canadian aircrew in World War II, particularly those who served with Royal Air Force Bomber Command, and who are now celebrated in this new memorial unveiled by Her Majesty on June 28th, 2012, being both those with 6 Group Royal Canadian Air Force, and those with the other Bomber Command Squadrons, including some Canadian senators, who faced many Nazi night fighters and Nazi anti-aircraft guns nightly; and
(e) a Canadian from Alberta, a retired airline pilot, Karl Kjarsgaard, who is devoted to the memory of the efforts and sacrifices of the aircrews of Bomber Command, and to his special contribution to the construction of the ceiling of the Memorial, being the aluminum used to build it; and
(f) our own Canadian Bomber Command memorial located at the Bomber Command Museum of Canada in Nanton, Alberta, being a wall of remembrance wherein are inscribed the names of the 10,659 fallen Canadian aircrew as a monument to those who fell in Bomber Command, which for many years was the only Allied offensive against Fortress Europe; and
(g) honour, to celebrate, to uphold and to thank all the remarkable Canadian veterans for their incalculable contributions to humanity during the Second World War and to whom we owe an enormous debt.
After debate,
The Honourable Senator Munson moved, seconded by the Honourable Senator Cowan, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Martin:
That when the Senate adjourns today, it do stand adjourned until Tuesday, November 20, 2012, at 2 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Johnson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:14 p.m. the Senate was continued until Tuesday, November 20, 2012, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Demers replaced the Honourable Senator Rivard (November 8, 2012).
The Honourable Senator Patterson replaced the Honourable Senator Tkachuk (November 8, 2012).
The Honourable Senator Tkachuk replaced the Honourable Senator Patterson (November 7, 2012).
The Honourable Senator Rivard replaced the Honourable Senator Demers (November 7, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Maltais replaced the Honourable Senator Brown (November 8, 2012).
The Honourable Senator Brown replaced the Honourable Senator Rivard (November 7, 2012).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Patterson replaced the Honourable Senator White (November 7, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Rivard replaced the Honourable Senator Stratton (November 8, 2012).
The Honourable Senator Wallin replaced the Honourable Senator Marshall (November 8, 2012).
The Honourable Senator Campbell replaced the Honourable Senator Dallaire (November 7, 2012).
The Honourable Senator Chaput replaced the Honourable Senator De Bané, P.C. (November 7, 2012).
The Honourable Senator Marshall replaced the Honourable Senator Wallin (November 7, 2012).
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Robichaud, P.C. (November 7, 2012).
The Honourable Senator Wallin replaced the Honourable Senator Marshall (November 7, 2012).
The Honourable Senator Marshall replaced the Honourable Senator Wallin (November 7, 2012).
The Honourable Senator Stratton replaced the Honourable Senator Nolin (November 7, 2012).
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Duffy (November 7, 2012).
Standing Senate Committee on Human Rights
The Honourable Senator White replaced the Honourable Senator Patterson (November 7, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator Plett replaced the Honourable Senator Johnson (November 7, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Demers replaced the Honourable Senator Doyle (November 8, 2012).
The Honourable Senator Eaton replaced the Honourable Senator Neufeld (November 8, 2012).
The Honourable Senator Neufeld replaced the Honourable Senator Eaton (November 7, 2012).
The Honourable Senator McInnis replaced the Honourable Senator Enverga (November 7, 2012).
The Honourable Senator Doyle replaced the Honourable Senator Seth (November 7, 2012).