Journals of the Senate
1st Session, 41st Parliament
Issue 163
Tuesday, May 21, 2013
6:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, 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, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Unger, Verner, Wallace, Wallin, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, 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, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Unger, Verner, Wallace, Wallin, Watt, 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
Tributes
The Senate observed a minute of silence in memory of the Honourable Senator Finley.
Tribute was paid to the memory of the Honourable Senator Finley, whose death occurred on May 11, 2013.
Senators' Statements
Pursuant to rule 13-4(4), the Honourable Senator Harb gave notice that he would raise a question of privilege concerning the twenty-fourth report of the Standing Committee on Internal Economy, Budgets and Administration presented in the Senate on May 9, 2013.
Pursuant to rule 13-4(4), the Honourable Senator Cowan gave notice that he would raise a question of privilege concerning the allegations of outside interference in the proceedings of the Standing Committee on Internal Economy, Budgets and Administration, during the preparation of its twenty-second report, as described by the national media last week.
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of Documents
The Honourable Senator Carignan tabled the following:
Supplementary Estimates (A) 2013-2014.—Sessional Paper No. 1/41-1620.
2012 Annual Report on the RCMP's use of the Law Enforcement Justification Provisions pursuant to section 25.3 of the Criminal Code.—Sessional Paper No. 1/41-1621.
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Marshall presented the following:
Tuesday, May 21, 2013
The Committee of Selection has the honour to present its
THIRD REPORT
Your committee recommends a change of membership to the following committees:
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Carignan replaces the Honourable Senator Duffy as a member of the Standing Senate Committee on Agriculture and Forestry.
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Carignan replaces the Honourable Senator Duffy as a member of the Standing Committee on Rules, Procedures and the Rights of Parliament.
Respectfully submitted,
ELIZABETH MARSHALL
Chair
With leave of the Senate,
The Honourable Senator Marshall moved, seconded by the Honourable Senator Buth, that the report be adopted now.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 4-10(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 53, dated June 27, 2012, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Dallaire, respecting the 100th anniversary of the Battle of Arras and capture of Vimy Ridge.—Sessional Paper No. 1/41-1622S.
Reply to Question No. 63, dated February 14, 2013, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting fines issued for violations of the Do Not Call List.—Sessional Paper No. 1/ 41-1623S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill S-16, An Act to amend the Criminal Code (trafficking in contraband tobacco).
The Honourable Senator White moved, seconded by the Honourable Senator McIntyre, that the bill be read the third time.
After debate,
The Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Watt, 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.
Third reading of 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.
The Honourable Senator Patterson moved, seconded by the Honourable Senator Segal, that the bill be read the third time.
After debate,
The Honourable Senator Hubley 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.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-9, An Act to amend the Criminal Code,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
Bills — Third Reading
Order No. 4 was called and postponed until the next sitting.
Bills — Second Reading
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Demers, for the second reading of Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator White moved, seconded by the Honourable Senator McIntyre, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
QUESTIONS OF PRIVILEGE
Pursuant to rule 13-6(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Harb concerning the twenty-fourth report of the Standing Committee on Internal Economy, Budgets and Administration presented in the Senate on May 9, 2013.
After debate,
The Speaker reserved his decision.
Pursuant to rule 13-6(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Cowan concerning the allegations of outside interference in the proceedings of the Standing Committee on Internal Economy, Budgets and Administration, during the preparation of its twenty-second report, as described by the national media last week.
After debate,
The Speaker reserved his decision.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
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 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Day, for the second reading of Bill S-217, An Act to amend the Financial Administration Act (borrowing of money).
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 Moore moved, seconded by the Honourable Senator Dawson, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Commons Public Bills — Second Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
Reports of Committees — Other
Consideration of the twenty-second report of the Standing Committee on Internal Economy, Budgets and Administration (Examination of Senator Duffy's Primary and Secondary Residence Status), presented in the Senate on May 9, 2013.
The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Demers, that the report be adopted.
After debate,
In amendment, the Honourable Senator Carignan moved, seconded by the Honourable Senator Nolin:
That the report be not now adopted, but that it be referred back to the Standing Committee on Internal Economy, Budgets and Administration for further consideration and report.
After debate,
In amendment, the Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif:
That the twenty-second report not be referred back to the Standing Committee on Internal Economy, Budgets and Administration, but that it be referred immediately to the appropriate law enforcement agency, and that the Senate co- operate fully with any investigation that may result.
After debate,
A point of order was raised with respect to the acceptability of the subamendment.
Debate.
SPEAKER'S RULING
I am prepared to rule on the point of order that has been raised by Senator Carignan, but I do so in the firm conviction that the institution of the Senate is a critical and foundational part of our bicameral Parliament. All honourable senators in this chamber operate with goodwill for the betterment of the institution as they serve the people of Canada.
From a strictly procedural point of view, the parliamentary practice is that a sub-amendment is not able to enlarge the amendment that is before the house. In providing some support for a clear practice from the literature, Beauchesne's Parliamentary Rules and Forms, at paragraph 580, states:
(1) The purpose of sub-amendment (an amendment to an amendment) is to alter the amendment. It should not enlarge upon the scope of the amendment but it should deal with matters that are not covered by the amendment.
Honourable senators, in order to be helpful to the house, if the motion of Senator Carignan is adopted and this matter is referred back to the Standing Committee on Internal Economy, Budgets, and Administration, nothing would obviate the committee coming to the conclusion much along the lines as the Honourable Senator Nolin has indicated.
From a purely technical point of view, the subamendment having been challenged is not in order.
The Senate resumed debate on the motion of the Honourable Senator Stewart Olsen, seconded by the Honourable Senator Demers, for the adoption of the twenty-second report of the Standing Committee on Internal Economy, Budgets and Administration (Examination of Senator Duffy's Primary and Secondary Residence Status), presented in the Senate on May 9, 2013;
And on the motion in amendment of the Honourable Senator Carignan, seconded by the Honourable Senator Nolin:
That the report be not now adopted, but that it be referred back to the Standing Committee on Internal Economy, Budgets and Administration for further consideration and report.
The question being put on the motion in amendment, it was adopted, on division.
Consideration of the twenty-third report of the Standing Committee on Internal Economy, Budgets and Administration (Examination of Senator Brazeau's Primary and Secondary Residence Status), presented in the Senate on May 9, 2013.
The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator McInnis, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the twenty-fourth report of the Standing Committee on Internal Economy, Budgets and Administration (Examination of Senator Harb's Primary and Secondary Residence Status), presented in the Senate on May 9, 2013.
The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Ogilvie, that the report be adopted.
The Honourable Senator Cools moved, seconded by the Honourable Senator Rivard, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4 to 9 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. 62, 70, 57, 19, 64, 65, 22, 67, 59, 35, 45, 40, 9, 18, 60 and 50 were called and postponed until the next sitting.
Orders No. 3 and 66 were called and, pursuant to rule 4-15(2), dropped from the Order Paper.
MOTIONS
The Honourable Senator Dawson moved, seconded by the Honourable Senator Moore:
That the Standing Senate Committee on Transport and Communications be authorized to examine and report on the challenges faced by the Canadian Broadcasting Corporation in the context of the complex and changing broadcasting and communications landscape; and
That the committee report to the Senate from time to time, with a final report no later than October 31, 2014 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Callbeck called the attention of the Senate to the growing need for the federal government to collaborate with provincial and territorial governments and other stakeholders in order to ensure the sustainability of the Canadian health care system, and to lead in the negotiation of a new Health Accord to take effect at the expiration of the 2004 10-Year Plan to Strengthen Health Care.
After debate,
The Honourable Senator Callbeck moved, seconded by the Honourable Senator Furey, that further debate on the inquiry be adjourned until the next sitting.
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 VIA Rail Canada Inc., together with the Auditor General's Report, for the year ended December 31, 2012, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-1617.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Alberta, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-1618.
Notice of opinion concerning Regulations Amending the Firearms Marking Regulations (SOR/2012-251), pursuant to the Firearms Act, S.C. 1995, c. 39, sbs. 119(4).—Sessional Paper No. 1/41-1619.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Meredith:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 10:14 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 Aboriginal Peoples
The Honourable Senator Enverga replaced the Honourable Senator Seth (May 17, 2013).
The Honourable Senator Nolin replaced the Honourable Senator Tannas (May 17, 2013).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Comeau replaced the Honourable Senator Wells (May 21, 2013).
The Honourable Senator Wells replaced the Honourable Senator Comeau (May 9, 2013).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Cordy (May 9, 2013).
Standing Senate Committee on National Finance
The name of the Honourable Senator Marshall was added to the membership (May 21, 2013).
Committee of Selection
The Honourable Senator Mercer replaced the Honourable Senator Robichaud, P.C. (May 17, 2013).
The name of the Honourable Senator Cordy added to the membership (May 17, 2013).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Munson replaced the Honourable Senator Hubley (May 9, 2013).
The Honourable Senator Cordy replaced the Honourable Senator Jaffer (May 9, 2013).