Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 129
Tuesday, December 11, 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, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Duffy, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Ngo, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, 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, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Duffy, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Ngo, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, tabled its fourteenth report (Supplementary Estimates (B), 2012-2013).—Sessional Paper No. 1/41-1402S.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, 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.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its fifteenth report (Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, without amendment).
The Honourable Senator Buth moved, seconded by the Honourable Senator Unger, 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, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its eighteenth report (Bill C-36, An Act to amend the Criminal Code (elder abuse), without amendment).
The Honourable Senator Dagenais moved, seconded by the Honourable Senator Demers, 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 Senate Public Bills
The Honourable Senator Ringuette introduced a Bill S-215, An Act to amend the Payment Card Networks Act (credit card acceptance fees).
The bill was read the first time.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Campbell, 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 — Third Reading
Third reading of Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Rivard, that the bill be read the third time.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Cordy, 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.
Third reading of 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.
The Honourable Senator Finley moved, seconded by the Honourable Senator Frum, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Maltais, seconded by the Honourable Senator Dagenais, for the second reading of Bill C-28, An Act to amend the Financial Consumer Agency of Canada Act.
After debate,
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 Marshall, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
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 Wallace, seconded by the Honourable Senator Mockler:
That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the following Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:
1. Agricultural Marketing Programs Act, S.C. 1997, c. 20:
-sections 44 and 45;
2. An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, S.C. 1998, c. 22:
-sections 1(1) and (3), 2 to 5, 6(1) and (2), 7, 9, 10, 13 to 16, 18 to 23, 24(2) and (3), and 26 to 28;
3. An Act to implement the Agreement on Internal Trade, S.C. 1996, c. 17:
-sections 17 and 18;
4. Budget Implementation Act, 1998, S.C. 1998, c. 21:
-sections 131 and 132;
5. Canada Grain Act, R.S.C 1985, c. G-10:
-paragraphs (d) and (e) of the definition "elevator'' in section 2, and subsections 55(2) and (3);
6. Canada Marine Act, S.C. 1998, c. 10:
-sections 140, 178, 185 and 201;
7. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;
8. Contraventions Act, S.C. 1992, c. 47:
-sections 8(1)(d), 9, 10, 12 to 16, 17(1) to (3), 18, 19, 21(1), 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 with respect to sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16 of the Schedule, and section 85;
9. Firearms Act, S.C. 1995, c. 39:
-paragraph 24(2)(d), sections 39, 42 to 46, 48 and 53;
10. Marine Liability Act, S.C. 2001, c. 6:
-section 45;
11. Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:
-sections 89, 90, 107(1) and (3), and 109;
12. Preclearance Act, S.C. 1999, c. 20:
-section 37;
13. Public Sector Pension Investment Board Act, S.C. 1999, c. 34:
-sections 155, 157, 158, and 161(1) and (4);
14. Yukon Act, S.C. 2002, c. 7:
-sections 70 to 75, 77, 117(2), 167, 168, 210, 211, 221, 227, 233 and 283.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Fraser.
OTHER BUSINESS
Commons Public Bills — Third Reading
Third reading of Bill C-300, An Act respecting a Federal Framework for Suicide Prevention.
The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Meredith, that the bill be read the third time.
After debate,
The Honourable Senator Cordy moved, seconded by the Honourable Senator Smith, P.C. (Cobourg), that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 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 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Neufeld, for the second reading of Bill S-213, An Act respecting a national day of remembrance to honour Canadian veterans of the Korean War.
After debate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Mahovlich, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 5 was called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Seth, seconded by the Honourable Senator Doyle, for the second reading of Bill C-314, An Act respecting the awareness of screening among women with dense breast tissue.
After debate,
In amendment, the Honourable Senator Seidman moved, seconded by the Honourable Senator Eaton, that Bill C- 314 be not now read a second time but that the subject matter thereof be referred to the Standing Senate Committee on Social Affairs, Science and Technology; and
That the Order to resume debate on the motion for the second reading of the bill not appear on the Order Paper and Notice Paper until the committee has tabled its report on the subject matter of the bill.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Moore, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4 to 6 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator McInnis, for the second reading of Bill C-299, An Act to amend the Criminal Code (kidnapping of young person).
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.
Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator St. Germain, P.C., for the second reading of Bill C-321, An Act to amend the Canada Post Corporation Act (library materials).
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Moore, 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 — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
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 Cools moved, seconded by the Honourable Senator Mitchell, 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 Comeau, seconded by the Honourable Senator Di Nino:
That the Standing Committee on Internal Economy, Budgets and Administration be authorized to examine and report on the powers and responsibilities of the officers of parliament, and their reporting relationships to the two houses; and
That the committee present is final report no later than March 31, 2013.
And on the motion in amendment of the Honourable Senator Tardif, seconded by the Honourable Senator Hubley, that the motion be not now adopted, but that it be amended by replacing the words "Internal Economy, Budgets and Administration'' with the words "Rules, Procedures and the Rights of Parliament''.
After debate,
The question being put on the motion in amendment, it was adopted, on division.
The Senate resumed debate on the motion, as amended, of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino:
That the Standing Committee on Rules, Procedures and the Rights of Parliament be authorized to examine and report on the powers and responsibilities of the officers of parliament, and their reporting relationships to the two houses; and
That the committee present is final report no later than March 31, 2013;
The Honourable Senator Cools moved, seconded by the Honourable Senator Dallaire, that further debate on the motion, as amended, 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 Segal, seconded by the Honourable Senator Demers:
That, at the end of Question Period and Delayed Answers on the sitting following the adoption of this motion, the Senate resolve itself into a Committee of the Whole in order to receive senior management and officials of the Canadian Broadcasting Corporation to explain their decision to cut funding to Radio Canada International services by 80%, particularly in view of the importance of
(a) Radio Canada International as the voice of Canada around the world; and
(b) short wave radio in oppressed regions worldwide that are denied access to the Internet;
And on the motion in amendment of the Honourable Senator Champagne, P.C., seconded by the Honourable Senator Comeau, that the motion be amended to read as follows:
That the Standing Senate Committee on Transport and Communications be authorized to receive senior management and officials of the Canadian Broadcasting Corporation to explain their decision to cut funding to Radio Canada International services by 80%, particularly in view of the importance of:
(a) Radio Canada International as the voice of Canada around the world; and
(b) short wave radio in oppressed regions worldwide that are denied access to the Internet; and
That the committee report to the Senate no later than June 30, 2013.
After debate,
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Segal, seconded by the Honourable Senator Demers:
That the Standing Senate Committee on Transport and Communications be authorized to receive senior management and officials of the Canadian Broadcasting Corporation to explain their decision to cut funding to Radio Canada International services by 80%, particularly in view of the importance of:
(a) Radio Canada International as the voice of Canada around the world; and
(b) short wave radio in oppressed regions worldwide that are denied access to the Internet; and
That the committee report to the Senate no later than June 30, 2013.
The motion, as amended, was adopted.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Oliver, calling the attention of the Senate to the state of diversity in the Senate of Canada and its administration and, in particular, to how we can address the barriers facing the advancement of visible minorities in the Senate workforce and increase their representation by focusing on hiring, retention and promotion.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Meredith.
Orders No. 3 and 56 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Lovelace Nicholas, calling the attention of the Senate to the continuing tragedy of missing and murdered Aboriginal Women.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Jaffer.
Orders No. 19, 44, 37, 18, 45, 59, 35, 9 and 58 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,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Dallaire.
Order No. 22 was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Cowan, calling the attention of the Senate to the 30th Anniversary of the Canadian Charter of Rights and Freedoms, which has done so much to build pride in our country and our national identity.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Andreychuk.
MOTIONS
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Wallin:
That, notwithstanding the order of the Senate adopted on Tuesday, January 31, 2012, Tuesday, May 15, 2012, Tuesday, June 19, 2012, and Tuesday, June 26, 2012, the date for the final report of the Standing Senate Committee on Banking, Trade and Commerce in relation to its review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c.17) be extended from December 31, 2012 to March 31, 2013.
The question being put on the motion, it was adopted.
The Honourable Senator Mockler moved, seconded by the Honourable Senator Wallace:
That, notwithstanding the order of the Senate adopted on Thursday, June 16, 2011, the date for the final report of the Standing Senate Committee on Agriculture and Forestry in relation to its study of research and innovation efforts in the agricultural sector be extended from December 31, 2012 to December 31, 2013.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Cowan called the attention of the Senate to the many contributions of Canadian universities and other post-secondary institutions, as well as research institutes, to Canadian innovation and research, and in particular, to those activities they undertake in partnership with the private and not-for-profit sectors, with financial support from domestic and international sources, for the benefit of Canadians and others the world over.
After debate,
The Honourable Senator Cowan 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.
Honourable Senator Mahovlich called the attention of the Senate to his retirement from this place.
Debate concluded.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Mahovlich:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:30 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 Foreign Affairs and International Trade
The Honourable Senator Nolin replaced the Honourable Senator Housakos (December 10, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Runciman replaced the Honourable Senator Finley (December 10, 2012).
The Honourable Senator Martin replaced the Honourable Senator Nancy Ruth (December 10, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator Nolin replaced the Honourable Senator Maltais (December 10, 2012).
The Honourable Senator Maltais replaced the Honourable Senator Nolin (December 10, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Poirier replaced the Honourable Senator Demers (December 10, 2012).
The Honourable Senator Demers replaced the Honourable Senator Poirier (December 10, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Verner, P.C., replaced the Honourable Senator Maltais (December 10, 2012).
The Honourable Senator Eaton replaced the Honourable Senator Duffy (December 10, 2012).
The Honourable Senator Maltais replaced the Honourable Senator Verner, P.C. (December 10, 2012).
The Honourable Senator Duffy replaced the Honourable Senator Eaton (December 10, 2012).