Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 127
Thursday, December 6, 2012
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Day, Demers, Downe, Duffy, Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, 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, Neufeld, Ngo, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
*Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Day, Demers, Downe, Duffy, Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, 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, Neufeld, Ngo, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, 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
The Senate observed a minute of silence in memory of the victims of the tragedy at the École Polytechnique in Montreal, which occurred 23 years ago on December 6, 1989.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of Documents
The Honourable the Speaker tabled the following:
Special Report to Parliament of the Information Commissioner containing the results of the 2011-2012 report card exercise, pursuant to the Access to Information Act, R.S.C. 1985, c. A- 1, s. 39.—Sessional Paper No. 1/41-1394.
The Honourable Senator Carignan tabled the following:
2010-2011 Office of the Federal Ombudsman for the Victims of Crime Annual Report.—Sessional Paper No. 1/41-1395.
Government Response to the 2010-2011 Office of the Federal Ombudsman for the Victims of Crime Annual Report.—Sessional Paper No. 1/41-1396.
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 sixteenth report (Diversity in the Workplace).—Sessional Paper No. 1/41-1397S.
The Honourable Senator Downe, on behalf of the Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its eighth report (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, without amendment).
The Honourable Senator Carignan moved, seconded by the Honourable Senator Lang, 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 Runciman presented the following:
Thursday, December 6, 2012
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
SEVENTEENTH REPORT
Your committee, to which was referred Bill S-12, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations, has, in obedience to the order of reference of Tuesday, November 6, 2012, examined the said Bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
BOB RUNCIMAN
Chair
Observations to the Seventeenth Report of the Standing Senate Committee on Legal and Constitutional Affairs
Some witnesses who were supportive of Bill S-12 nonetheless expressed a desire for greater certainty about how the bill would be implemented. The committee encourages the government to develop guidelines with respect to the use of incorporation by reference.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Stewart Olsen, 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-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, 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, on division.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Orders No. 1 and 2 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
Order No. 53 was called and postponed until the next sitting.
Inquiries
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 8 were called and postponed until the next sitting.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Munson, that the fifth report of the Standing Senate Committee on Official Languages, entitled: Internet, New Media and Social Media: Respect for Language Rights!, tabled in the Senate on October 25, 2012, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government, with the President of the Treasury Board being identified as minister responsible for responding to the report, in consultation with the Minister of Canadian Heritage and Official Languages and the Minister of Industry.
After debate,
The question being put on the motion, it was adopted.
Consideration of the seventh report of the Standing Senate Committee on Fisheries and Oceans, entitled: The Sustainable Management of Grey Seal Populations: A Path Toward the Recovery of Cod and other Groundfish Stocks, tabled in the Senate on October 23, 2012.
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith:
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 Fisheries and Oceans being identified as minister responsible for responding to the report, in consultation with the Minister of Health.
After debate,
The Honourable Senator Harb moved, seconded by the Honourable Senator Merchant, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Martin:
That the Senate of Canada express its support for Malala Yusufzai in light of her remarkable courage, tenacity and determined support for the right of girls everywhere to an education; offer its best wishes for her full recovery; express its gratitude for the courage of her family and the work of the staff at the Birmingham hospital in the United Kingdom; and offer its solidarity with girls and young women everywhere whose absolute right to equality of opportunity and quality education in every country of the world is and must always be universal and real.
After debate,
The Honourable Senator Jaffer 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. 75 and 109 were called and postponed until the next sitting.
Inquiries
Orders No. 62 and 19 were called and postponed until the next sitting.
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 Harb moved, seconded by the Honourable Senator Campbell, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 44, 37, 18, 45, 59, 35, 9, 58, 50, 22, 40 and 48 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That the Standing Senate Committee on Human Rights have the power to sit on Monday, December 10, 2012 at 4 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Mercer called the attention of the Senate to the current state of the food safety system in Canada, the faith Canadians have in that system, and the negative impact of changes made by the federal government on that system.
After debate,
The Honourable Senator Mercer 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.
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 Monday, December 10, 2012, at 6 p.m., and that rule 3-3(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Summary of the Corporate Plan for 2012-2013 to 2016-2017 of Marine Atlantic Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-1393.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Martin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:29 p.m. the Senate was continued until Monday, December 10, 2012 at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Campbell replaced the Honourable Senator Munson (December 5, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Housakos replaced the Honourable Senator Nolin (December 6, 2012).
The Honourable Senator Nolin replaced the Honourable Senator Housakos (December 5, 2012).
The Honourable Senator Housakos replaced the Honourable Senator Nolin (December 5, 2012).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Boisvenu replaced the Honourable Senator Enverga (December 5, 2012).
The Honourable Senator Enverga replaced the Honourable Senator Boisvenu (December 5, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Nancy Ruth replaced the Honourable Senator Stewart Olsen (December 5, 2012).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Nancy Ruth (December 5, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator Nolin replaced the Honourable Senator Maltais (December 5, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator McIntyre replaced the Honourable Senator Rivard (December 5, 2012).
The Honourable Senator Rivard replaced the Honourable Senator McIntyre (December 5, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Enverga replaced the Honourable Senator Boisvenu (December 5, 2012).
The Honourable Senator Boisvenu replaced the Honourable Senator Enverga (December 5, 2012).
Standing Senate Committee on Transport and Communications
The Honourable Senator Housakos replaced the Honourable Senator Mockler (December 5, 2012).