Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 132
Friday, December 14, 2012
9:00 a.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Carignan, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, 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, Tardif, Tkachuk, Unger, Wallace, Wallin, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Carignan, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, 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, 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
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
December 14, 2012
Mr. Speaker:
I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, will proceed to the Senate Chamber today, the 14th day of December, 2012, at 11:30 a.m., for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Andreychuk:
That photographers be authorized in the Senate Chamber to photograph the Royal Assent ceremony today, with the least possible disruption of the proceedings.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Andreychuk:
That, pursuant to rule 12-18(2)(b)(i), committees be authorized to sit from January 28, 2013 through February 1, 2013, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Andreychuk:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 5, 2013, at 2 p.m.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
A point of order was raised with respect to a Senator's statement.
After debate,
The Speaker reserved his decision.
OTHER BUSINESS
Commons Public Bills — Third Reading
Orders No. 1 and 2 were 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 4 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 4-15(2), Order No. 5 (Bill S-212) remain on the Order Paper for another fifteen consecutive sitting days.
Commons Public Bills — Second Reading
Orders No. 1 to 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Braley, for the second reading of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials).
After debate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Kenny, 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
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Martin, for the adoption 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.
After debate,
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Jaffer, 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.
The question being put on the motion, it was adopted.
Orders No. 4 to 6 were called and postponed until the next sitting.
Motions
Order No. 128 was called and postponed until the next sitting.
Resuming 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.
Debate.
DEFERRED VOTE
At 10:30 a.m., pursuant to the Order adopted on Thursday, December 13, 2012, the Senate proceeded to the taking of the deferred standing vote 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.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Bellemare, Braley, Brazeau, Brown, Buth, Carignan, Comeau, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Ngo, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tkachuk, Unger, Wallace, Wallin, White—50
NAYS
The Honourable Senators
Callbeck, Chaput, Cordy, Cowan, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Furey, Harb, Hubley, Jaffer, Kenny, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Watt, Zimmer—27
ABSTENTIONS
The Honourable Senators
Cools—1
Accordingly, Bill C-45 was 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.
OTHER BUSINESS
Motions
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.
After debate,
In amendment, the Honourable Senator Carignan moved, seconded by the Honourable Senator Comeau, that the motion, as amended, be further amended by replacing the words "March 31, 2013" with the words "March 31, 2014".
The question being put on the motion in amendment, it was adopted.
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, 2014.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Lang, that further debate on the motion, as amended, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
Orders No. 22, 60, 62, 50, 40, 57, 3, 56, 19, 44 and 37 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Robichaud, P.C., calling the attention of the Senate to the issue of poverty in Canada—an issue that is always current and continues to have devastating effects.
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.
Orders No. 45, 59, 35, 9 and 58 were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Runciman called the attention of the Senate to the need for improved mental health treatment for inmates, especially female inmates, in federal correctional institutions and the viability of providing such treatment through alternative service delivery options.
Debate.
Pursuant to rule 16-1(7) the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of His Excellency the Governor General.
After awhile, His Excellency the Governor General, having come and being seated at the foot of the Throne.
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
"It is the pleasure of His Excellency the Governor General that they attend him immediately in the Senate Chamber."
The House of Commons being come,
One of the Clerks at the Table then read the title of the bills to be assented to as follows:
An Act to amend the Food and Drugs Act (non-corrective contact lenses) (Bill C-313, Chapter 25, 2012)
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 (Bill C-24, Chapter 26, 2012)
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 (Bill C-44, Chapter 27, 2012)
An Act to amend the Criminal Code (elder abuse) (Bill C-36, Chapter 29, 2012)
An Act respecting a Federal Framework for Suicide Prevention (Bill C-300, Chapter 30, 2012)
A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures (Bill C-45, Chapter 31, 2012)
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, His Excellency the Governor General doth assent to these Bills."
11:47 a.m.
The Acting Speaker of the House of Commons addressed His Excellency the Governor General as follows:
"May it Please Your Excellency:
The Commons of Canada have voted certain supplies required to enable the Government to defray the expenses of the public service.
In the name of the Commons, I present to Your Excellency the following Bill:
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013 (Bill C-50, Chapter 28, 2012)
To which Bill I humbly request Your Excellency's Assent."
After one of the Clerks at the Table read the title of this Bill.
To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill."
11:51 a.m.
The Commons withdrew.
After which His Excellency the Governor General was pleased to retire.
At 11:53 a.m., the sitting resumed.
INQUIRIES
The Senate resumed debate on the inquiry of the Honourable Senator Runciman, calling the attention of the Senate to the need for improved mental health treatment for inmates, especially female inmates, in federal correctional institutions and the viability of providing such treatment through alternative service delivery options.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator De Bané, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 12:11 p.m. the Senate was continued until Tuesday, February 5, 2013, at 2 p.m.)