Journals of the Senate
1st Session, 41st Parliament
Issue 162
Thursday, May 9, 2013
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Oliver, Patterson, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Oliver, Patterson, *Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wells, White
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 Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented its twenty-second report (Examination of Senator Duffy's Primary and Secondary Residence Status).
(The report is printed as Appendix "A'' at pages 2253-2340 (available in print format PDF).)
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Fortin-Duplessis, 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 Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented its twenty-third report (Examination of Senator Brazeau's Primary and Secondary Residence Status).
(The report is printed as Appendix "B'' at pages 2341-2431 (available in print format PDF).)
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Marshall, 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 Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented its twenty-fourth report (Examination of Senator Harb's Primary and Secondary Residence Status).
(The report is printed as Appendix "C'' at pages 2432-2524 (available in print format PDF).)
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Housakos, 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 Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented its twenty-fifth report (Policies and guidelines relating to Senators' travel).
(The report is printed as Appendix "D'' at pages 2525-2527 (available in print format PDF).)
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Poirier, 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 Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its twenty-fourth report (Bill C-43, An Act to amend the Immigration and Refugee Protection Act, without amendment).
The Honourable Senator Eaton moved, seconded by the Honourable Senator Rivard, 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, May 9, 2013
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTY-SIXTH REPORT
Your committee, to which was referred Bill S-16, An Act to amend the Criminal Code (trafficking in contraband tobacco), has, in obedience to the order of reference of Tuesday, April 16, 2013, 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 Twenty-sixth Report of the Standing Senate Committee on Legal and Constitutional Affairs
The committee heard that provincial police forces do not have the authority to search a vehicle under the Excise Act, 2001 or the Customs Act, unless they are involved in a joint effort with Royal Canadian Mounted Police. Consequently, the committee believes that it may be of assistance to law enforcement for the government to consider:
g(a) amending the definition of an "officer'' in section 2 of the Customs Act as follows:
a. "Officer'' means a person employed in the administration or enforcement of this Act...and includes any member of the Royal Canadian Mounted Police or any provincial police force.
(b) designating all provincial police forces for the purposes of enforcement of the Excise Act under section 10 of that Act.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Boisvenu, 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 Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its tenth report (Bill C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts, without amendment).
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Martin, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Ataullahjan tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Union (IPU) respecting its participation at the 126th IPU Assembly and Related Meetings, held in Kampala, Uganda, from March 31 to April 5, 2012.—Sessional Paper No. 1/41-1612.
Report of the Canadian Delegation of the Inter-Parliamentary Union (IPU) respecting its participation at the 128th IPU Assembly and Related Meetings, held in Quito, Ecuador, from March 22 to 27, 2013.—Sessional Paper No. 1/41- 1613.
Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the meeting of the Steering Committee of the Twelve Plus Group, held in Paris, France, on February 25, 2013.—Sessional Paper No. 1/41-1614.
Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the 57th Session of the United Nations Commission on the Status of Women, held in New York, New York, United States of America, on March 5, 2013.—Sessional Paper No. 1/41-1615.
The Honourable Senator Andreychuk tabled the following:
Report of the Canadian Delegation of the Commonwealth Parliamentary Association respecting its participation at the 61st Westminster Seminar on Practice and Procedure, held in London, United Kingdom, from March 9 to 12, 2012.—Sessional Paper No. 1/41-1616.
ORDERS OF THE DAY
A point of order was raised with respect to the distribution of committee reports presented during routine proceedings.
After debate,
The Speaker reserved his decision.
GOVERNMENT BUSINESS
Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Inquiries
Order No. 4 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Commons Public Bills — Third Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Orders No. 1 and 2 were 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.
Commons Public Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Dyck, for the second reading of Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity).
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Carignan.
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 Cowan moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 3 was 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
Orders No. 75, 162, 144, 161, 158 and 128 were called and postponed until the next sitting.
Inquiries
Orders No. 57, 19, 64, 65, 22, 67, 59, 35, 45, 40, 9, 18, 60, 50, 3 and 66 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,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 56 was called and, pursuant to rule 4-15(2), dropped from the Order Paper.
INQUIRIES
The Honourable Senator Oliver called the attention of the Senate to the need to engage in a national conversation to call for the elimination of violence against women, of all ages, in all its forms including physical, sexual, or psychological abuse, and, in particular, on how we, as a national legislative body, can take the lead in educating, preventing, increasing national and global awareness on gender equality and reaffirming that violence against women constitutes a violation of the rights and fundamental freedoms of each individual.
After debate,
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Housakos, 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 Comeau moved, seconded by the Honourable Senator Raine:
That when the Senate adjourns today, it do stand adjourned until Tuesday, May 21, 2013, 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.
ADJOURNMENT
The Honourable Senator Comeau 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 4:03 p.m. the Senate was continued until Tuesday, May 21, 2013, at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Eaton replaced the Honourable Senator Patterson (May 8, 2013).
The Honourable Senator Wells replaced the Honourable Senator Beyak (May 8, 2013).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Black replaced the Honourable Senator Plett (May 9, 2013).
The Honourable Senator Eaton replaced the Honourable Senator Enverga (May 8, 2013).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Raine replaced the Honourable Senator Lang (May 8, 2013).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Martin replaced the Honourable Senator Beyak (May 7, 2013).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Demers replaced the Honourable Senator Rivard (May 9, 2013).
The Honourable Senator Dawson replaced the Honourable Senator Day (May 8, 2013).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Charette-Poulin replaced the Honourable Senator Fraser (May 8, 2013).
The Honourable Senator Fraser replaced the Honourable Senator Charette-Poulin (May 8, 2013).
Standing Senate Committee on National Finance
The Honourable Senator Buth replaced the Honourable Senator Oliver (May 9, 2013).
The Honourable Senator Smith (Saurel) replaced the Honourable Senator Neufeld (May 9, 2013).
The Honourable Senator Finley replaced the Honourable Senator Mockler (May 9, 2013).
The Honourable Senator Neufeld replaced the Honourable Senator Smith (Saurel) (May 8, 2013).
The Honourable Senator Mockler replaced the Honourable Senator Maltais (May 8, 2013).
The Honourable Senator Gerstein replaced the Honourable Senator Mockler (May 8, 2013).
The Honourable Senator Oliver replaced the Honourable Senator Buth (May 8, 2013).
Standing Senate Committee on National Security and Defence
The Honourable Senator Plett replaced the Honourable Senator White (May 9, 2013).
Standing Senate Committee on Official Languages
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Dawson (May 8, 2013).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Hubley replaced the Honourable Senator Munson (May 9, 2013).
The Honourable Senator Tannas replaced the Honourable Senator Enverga (May 9, 2013).
The Honourable Senator Jaffer replaced the Honourable Senator Cordy (May 8, 2013).