Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 131
Thursday, December 13, 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, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, 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, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, 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
Tabling of Documents
The Honourable Senator Carignan tabled the following:
Document entitled Seven-Point Plan: Status Report — National Fighter Procurement Secretariat (December 2012).—Sessional Paper No. 1/41-1408.
Document entitled Evaluation of Options to Sustain a Canadian Forces Fighter Capability: Terms of Reference (December 2012). —Sessional Paper No. 1/41-1409.
Document entitled Next Generation Fighter Capability — Annual Update (December 2012) (December 2012).—Sessional Paper No. 1/41-1410.
Document entitled Next Generation Fighter Capability: Life Cycle Cost Framework (November 2012).—Sessional Paper No. 1/41-1411.
Document entitled Next Generation Fighter Capability: Independent Review of Life Cycle Cost (November 2012). —Sessional Paper No. 1/41-1412.
Document entitled Canadian Industrial Participation in the F-35 Joint Strike Fighter Program (December 2012).—Sessional Paper No. 1/41-1413.
2011-2012 Annual Report of the Mental Health Commission of Canada entitled: Together We Can Spark Change.—Sessional Paper No. 1/41-1414.
Document entitled Labrador Inuit Land Claims Agreement for the period of April 1, 2010, to March 31, 2011.—Sessional Paper No. 1/41-1415.
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Mitchell, Deputy Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its sixth report (budget—study on hydrocarbon transportation—power to hire staff and power to travel).
(The report is printed as appendix "A" at pages 1844-1853 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Day, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its tenth report (budget—study on the economic and political developments in the Republic of Turkey—power to hire staff and power to travel).
(The report is printed as appendix "B" at pages 1854-1861 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Poirier, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its seventeenth report entitled: Annual Report on Internal Audits, 2011-2012.—Sessional Paper No. 1/41-1416S.
The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its nineteenth report (Bill C-293, An Act to amend the Corrections and Conditional Release Act (vexatious complainants), without amendment).
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Braley, 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, tabled its twentieth report entitled: Special study on the provisions and operation of the Act to amend the Criminal Code (production of records in sexual offence proceedings.—Sessional Paper No. 1/41-1417S.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Wallin, 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 Government Bills
A message was brought from the House of Commons with a Bill C-37, An Act to amend the Criminal Code, 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 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), 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.
Tabling of Petitions
The Honourable Senator Ngo tabled petitions:
Of Residents of the Province of Quebec, concerning human rights in Vietnam.—Sessional Paper No. 1/41-1418S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill C-50, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Meredith, 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.
Resuming debate on the motion of the Honourable Senator Dagenais, seconded by the Honourable Senator Frum, for the third reading of Bill C-36, An Act to amend the Criminal Code (elder abuse).
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
Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Ogilvie, for the second reading of Bill C-27, An Act to enhance the financial accountability and transparency of First Nations.
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 Patterson moved, seconded by the Honourable Senator Duffy, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator Andreychuk:
That, pursuant to rule 7-2, not more than a further six hours of debate be allocated for consideration at third reading stage of Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Comeau, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Finley, Fortin- Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Marshall, Martin, McInnis, Meredith, Mockler, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Stratton, Tkachuk, Unger, Wallace, Wallin, White—53
NAYS
The Honourable Senators
Callbeck, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Furey, Harb, Hubley, Jaffer, Joyal, Kenny, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Watt—30
ABSTENTIONS
The Honourable Senators
Nil
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Buth, seconded by the Honourable Senator Unger, for the third reading of Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures;
And on the motion in amendment of the Honourable Senator Day, seconded by the Honourable Senator Mercer, that Bill C-45 be not now read a third time, but that it be amended, on pages 175 to 414, by deleting Part 4 and schedules 1 and 2.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS—POUR
The Honourable Senators—Les honorables sénateurs
Callbeck, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Furey, Hubley, Jaffer, Joyal, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Watt, Zimmer—29
NAYS—CONTRE
The Honourable Senators—Les honorables sénateurs
Andreychuk, Ataullahjan, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Comeau, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Finley, Fortin- Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, Meredith, Mockler, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tkachuk, Unger, Wallace, Wallin, White—53
ABSTENTIONS
The Honourable Senators—Les honorables sénateurs, Cools—1
The Senate resumed debate on the motion of Honourable Senator Buth, seconded by the Honourable Senator Unger, for the third reading of Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.
After debate,
The question was put on the motion.
With leave of the Senate, a standing vote was deferred until 10:30 a.m. tomorrow, with the bells to sound at 10:15 a.m. for fifteen minutes.
Reports of Committees — Other
Ordered, That orders number 1 to 5 be discharged from the Order Paper.
OTHER BUSINESS
Commons Public Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Meredith, for the third reading of Bill C-300, An Act respecting a Federal Framework for Suicide Prevention.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
With leave of the Senate,
The Honourable Senator Ogilvie tabled the following:
Letter, dated December 11, 2012, to the Minister of Health from the Honourable Senator Ogilvie, on the subject of Bill C-300, An Act respecting a Federal Framework for Suicide Prevention.—Sessional Paper No. 1/41-1419S.
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
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 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 Tkachuk, that the bill be referred to the Standing Senate Committee on National Security and Defence.
The question being put on the motion, it was adopted.
Orders No. 2 to 5 were called and postponed until the next sitting.
Second reading of Bill S-215, An Act to amend the Payment Card Networks Act (credit card acceptance fees).
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Jaffer, that the bill be read the second time.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills — Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Frum, for the second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom).
After debate,
The Honourable Senator Comeau, for the Honourable Senator Kinsella, moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 and 8 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the fourth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Amendments to the Rules of the Senate), presented in the Senate on December 12, 2012.
The Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Fraser, that the report be adopted.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Cools, moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Consideration of the ninth report of the Standing Senate Committee on Foreign Affairs and International Trade entitled: Iran in Focus: Current Issues for Canadian Foreign Policy, tabled in the Senate on December 12, 2012.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Martin, that the report be adopted.
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.
Consideration of the ninth report of the Standing Senate Committee on Human Rights entitled: Cyberbullying Hurts: Respect for Rights in the Digital Age, tabled in the Senate on December 12, 2012.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That the ninth report of the Standing Senate Committee on Human Rights, entitled Cyberbullying Hurts: Respect for Rights in the Digital Age, tabled in the Senate on December 12, 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 Public Safety being identified as the minister responsible for responding to the report, in consultation with the Minister of Justice and Attorney General of Canada and the Minister of Health.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Jaffer tabled the following:
Document entitled Cyberbullying Hurts: Respect for Rights in the Digital Age — Youth Guide.—Sessional Paper No. 1/41-1420S.
Document entitled Cyberbullying Hurts: Respect for Rights in the Digital Age — A Guide for Parents.—Sessional Paper No. 1/41-1421S.
Consideration of the sixth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on hydrocarbon transportation—power to hire staff and power to travel), presented in the Senate earlier this day.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the tenth report of the Standing Senate Committee on Foreign Affairs and International Trade (budget—study on the economic and political developments in the Republic of Turkey—power to hire staff and power to travel), presented in the Senate earlier this day.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Poirier, that the report be adopted.
The question being put on the motion, it was adopted.
Motions
Orders No. 128 and 75 were called and postponed until the next sitting.
Inquiries
Orders No. 60, 62, 50, 40, 57, 3, 56, 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 Callbeck, calling the attention of the Senate to the importance of literacy, given that more than ever Canada requires increased knowledge and skills in order to maintain its global competitiveness and to increase its ability to respond to changing labour markets.
After debate,
The Honourable Senator Lang moved, seconded by the Honourable Senator Marshall, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator White moved, seconded by the Honourable Senator McInnis:
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 Aboriginal Peoples in relation to its study of issues relating to the federal government's constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Métis peoples and on other matters generally relating to the Aboriginal Peoples of Canada be extended from December 31, 2012 to December 31, 2013.
The question being put on the motion, it was adopted.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore:
That, notwithstanding the order of the Senate adopted on Thursday, October 6, 2011, and Monday, June 11, 2012, the date for the presentation of the final report of the Standing Senate Committee on National Finance on its study of the potential reasons for price discrepancies in respect of certain goods between Canada and the United States, given the value of the Canadian dollar and the effect of cross border shopping on the Canadian economy, be extended from December 31, 2012 to March 28, 2013; and
That the committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
The question being put on the motion, it was adopted.
The Honourable Senator Cordy moved, seconded by the Honourable Senator Mercer:
That the Senate of Canada celebrate and recognize that January 24, 2013 is the 75th anniversary of the Corps of Commissionaires, Nova Scotia Division.
After debate,
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 of the Canada Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2012, pursuant to the Canada Pension Plan Act, R.S.C. 1985, c. C-8, sbs. 117(2).—Sessional Paper No. 1/41-1407.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Andreychuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 10:27 p.m. the Senate was continued until tomorrow at 9:00 a.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Plett replaced the Honourable Senator Andreychuk (December 13, 2012).
The Honourable Senator Rivest replaced the Honourable Senator Cowan (December 12, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Nancy Ruth replaced the Honourable Senator Martin (December 13, 2012).
The Honourable Senator Finley replaced the Honourable Senator Wallace (December 13, 2012).
The Honourable Senator Wallace replaced the Honourable Senator Finley (December 12, 2012).
The Honourable Senator Ringuette replaced the Honourable Senator De Bané, P.C. (December 12, 2012).