Journals of the Senate
1st Session, 41st Parliament
Issue 167
Wednesday, May 29, 2013
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Mercer, Merchant, Meredith, Mockler, Moore, Munson, Nancy Ruth, Ngo, Nolin, Ogilvie, Oh, Oliver, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, *MacDonald, Maltais, Manning, Marshall, Martin, *Massicotte, *McCoy, McInnis, McIntyre, Mercer, Merchant, 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, *Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, *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
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Presenting or Tabling Reports from Committees
The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented its twenty-sixth report (Examination of Senator Duffy's Primary and Secondary Residence Status).
(The report is printed as an appendix at page 2579.)
With leave of the Senate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 4-10(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 68, dated March 19, 2013, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting convictions for offences related to money and other assets held offshore.—Sessional Paper No. 1/41-1639S.
SPEAKER'S RULING
I am prepared to rule on the point of order raised by the Honourable Senator Moore on Thursday, May 9. His point of order related to the availability of the twenty-fifth report presented that day by the Standing Committee on Internal Economy, Budgets and Administration, the final of four reports presented by the committee that day. The three other reports presented earlier were distributed to all senators in the chamber while they were being read out in full by a clerk at the table. The twenty-fifth report, however, was initially distributed only on request. The object of Senator Moore's point of order had to do with the difference in the way these reports were made available to the senators.
In a ruling on November 6, 2012, it was noted "that committee reports that are not for consideration later during the same sitting are not handed out as a matter of course, but can be requested from the pages.'' The events of May 9 were generally in keeping with current practice. The table was guided by indications given about anticipated proceedings following the presentation of each report. In the end, however, events unfolded differently. This created the confusion. Once it became clear that senators wanted to have copies of the final report distributed, this was done.
The events of May 9 were in line with current practices. If senators do wish to change current practice, they certainly can be adapted. The issue could be taken up by the Rules Committee or by consultation through the usual channels. I wish to thank the Honourable Senator Moore for raising the point of order, because there was a bit of confusion on that day.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Martin, for the third reading of Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts;
And on the motion in amendment of the Honourable Senator Day, seconded by the Honourable Senator Hubley, that the Bill C-42 be not now read a third time but that it be amended
(a) in clause 12, on page 9, by replacing line 28 with the following:
"7(1)(e) of that Act, but the categories determined shall include categories of members who perform duties and functions that are substantially the same as the duties and functions performed by officers and by members other than officers on the coming into force of this section.'';
(b) in clause 13, on page 9, by replacing line 36 with the following:
"(a) determine categories of members, which shall include categories of members who perform duties and functions that are substantially the same as the duties and functions performed by officers and by members other than officers on the coming into force of this section; and''; and
(c) in clause 86, on page 118,
(i) by replacing line 25 with the following:
"definition reads on that date, other than a member who is a member on the day this Act is assented to, who does not'', and
(ii) by replacing line 32 with the following:
"Canadian Mounted Police Act, other than a member who is a member on the day this Act is assented to, who does not''.
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Demers, that further debate on the motion in amendment 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 and 2 were called and postponed until the next sitting.
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That the Special Senate Committee on Anti-Terrorism be dissolved from the time of the adoption of this motion.
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Day, 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 Joyal, P.C., tabled the following:
Copy of a letter from the Auditor General of Canada to the Chair of the Special Senate Committee on Anti- terrorism, dated May 6, 2013, concerning his Spring 2013 Report to the House of Commons (Chapter 8 — Spending on the Public Security and Anti-Terrorism Initiative).—Sessional Paper No. 1/41-1640S.
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.
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,
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 Tardif moved, seconded by the Honourable Senator Jaffer, that the bill be referred to the Standing Senate Committee on Human Rights.
The question being put on the motion, it was adopted.
Orders No. 2 and 3 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 7 were called and postponed until the next sitting.
Consideration of the twenty-sixth 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 earlier this day.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, that the report be adopted.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Harb, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived, on division.
The question was then put on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Nolin, for the adoption of the twenty-sixth 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 earlier this day.
The motion was adopted.
(Accordingly, the twenty-second report, as amended, of the Standing Committee on Internal Economy, Budgets and Administration was adopted.)
Motions
Orders No. 75, 162, 144, 161 and 158 were called and postponed until the next sitting.
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 Callbeck, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
Orders No. 70, 45, 40, 72, 9, 60, 68 and 62 were 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 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 Champagne, P.C., moved, seconded by the Honourable Senator Raine, that further debate on the inquiry 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 with a Bill C-48, An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation, 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.
OTHER BUSINESS
Inquiries
Order No. 19 was called and postponed until the next sitting.
At 4 p.m., pursuant to the order adopted by the Senate on October 18, 2011, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report on the administration of the Canadian Forces Superannuation Act for the fiscal year ended March 31, 2012, pursuant to the Act, R.S.C. 1985, c. C-17, ss. 57, 59.7 and 72. —Sessional Paper No. 1/41-1637.
Report of the Chief of Defence Staff on the National Sex Offender Registry for the fiscal year ended March 31, 2013, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 227.171.—Sessional Paper No. 1/41-1638.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Fraser replaced the Honourable Senator Charette-Poulin (May 28, 2013).
The Honourable Senator Seidman replaced the Honourable Senator Johnson (May 28, 2013).