Journals of the Senate
1st Session, 41st Parliament
Issue 168
Thursday, May 30, 2013
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Bellemare, Beyak, Black, Boisvenu, Braley, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, De Bané, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Meredith, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Bellemare, Beyak, Black, Boisvenu, Braley, *Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, De Bané, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, *Mercer, *Merchant, Meredith, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, *Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, 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
Tabling of Documents
With leave of the Senate,
The Honourable the Speaker tabled the following:
Transcript of the ceremony held yesterday after the sitting of the Senate for the unveiling of the new Senate table calendar in honour of Her Majesty's 60th anniversary on the Throne. —Sessional Paper No. 1/41-1641S.
Ordered, That the transcript of the ceremony be published as an appendix to the Debates of the Senate of this day and form part of the permanent records of this House.
Presenting or Tabling Reports from Committees
The Honourable Senator Smith (Saurel), Deputy Chair of the Standing Senate Committee on National Finance, tabled its twentieth report (second interim) (2013-2014 Main Estimates). —Sessional Paper No. 1/41-1642S.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Manning, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Gerstein, for the third reading of Bill C-43, An Act to amend the Immigration and Refugee Protection Act.
After debate,
In amendment, the Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that Bill C-43 be not now read a third time but that it be amended as follows:
1. in clause 5, by deleting in line 14 "must answer truthfully all'' and substitution in line 14 "answer truthfully reasonably required...'';
2. delete clauses 9 and 10 of the Bill;
3. in clause 16, by adding in line 8 the following:
"knowingly'';
4. delete clause 24 of the Bill;
5. in clause 8, by adding after line 2 on page 3 the following:
"(4) The Minister must, within 30 days of making a declaration under subsection (1) that a foreign national may not become a temporary resident, table in each House of Parliament a report on the reasons for the declaration.'';
6. in clause 32, by replacing lines 34 to 36 on page 10 with the following:
"respect of a person charged with an offence before the day on which section 24 comes into force.''
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question then being put on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Gerstein, for the third reading of Bill C-43, An Act to amend the Immigration and Refugee Protection Act, it was adopted on the following vote:
YEAS—POUR
The Honourable Senators—Les honorables sénateurs
Andreychuk, Ataullahjan, Bellemare, Beyak, Black, Boisvenu, Braley, Carignan, Champagne, Comeau, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells, White—52
NAYS—CONTRE
The Honourable Senators—Les honorables sénateurs
Callbeck, Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, De Bané, Eggleton, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Massicotte, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Sibbeston—25
ABSTENTIONS
The Honourable Senators—Les honorables sénateurs
Cools—1
Accordingly, Bill C-43 was read a 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.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Order No. 67 was 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
Third reading of Bill C-299, An Act to amend the Criminal Code (kidnapping of young person).
The Honourable Senator White moved, seconded by the Honourable Senator McIntyre, that the bill be read the third time.
After debate,
The Honourable Senator Jaffer 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.
Orders No. 2 and 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
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees — Other
Resuming debate on the motion of the Honourable Senator Stewart Olsen, seconded by the Honourable Senator Ogilvie, for the adoption 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;
And on the motion in amendment of the Honourable Senator McCoy, seconded by the Honourable Senator Cools, 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 negatived, on division.
The Senate resumed debate on the motion of the Honourable Senator Stewart Olsen, seconded by the Honourable Senator Ogilvie, for the adoption 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.
After debate,
The question being put on the motion, it was adopted, on division.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration), 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 Nolin, 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
Reports of Committees — Other
Consideration of the tenth report of the Standing Senate Committee on Fisheries and Oceans, entitled: The Lobster Fishery: Staying on Course, tabled in the Senate on May 28, 2013.
The Honourable Senator Hubley moved, seconded by the Honourable Senator Munson:
That the report 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 Fisheries and Oceans being identified as minister responsible for responding to the report.
After debate,
The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Smith, P.C. (Cobourg), seconded by the Honourable Senator Comeau, for the adoption of the seventh 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 March 19, 2013.
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.
Resuming debate on the motion of the Honourable Senator Smith, P.C. (Cobourg), seconded by the Honourable Senator Comeau, for the adoption of the sixth 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 March 6, 2013.
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.
Motions
Orders No. 128, 75, 162, 144, 161 and 158 were called and postponed until the next sitting.
Inquiries
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 Fraser moved, seconded by the Honourable Senator Cordy, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 64, 65, 22, 67, 59 and 35 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 Hubley, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 70, 45, 40, 72, 9, 60 and 68 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 Cordy 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. 19 was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith:
That the Standing Senate Committee on Fisheries and Oceans be authorized to meet at 5 p.m. on Tuesday, June 4, 2013, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Moore:
That, notwithstanding the order of the Senate adopted on Wednesday, September 26, 2012, the date for the final report of the Standing Senate Committee on Official Languages in relation to its study on CBC/Radio-Canada's obligations under the Official Languages Act and some aspects of the Broadcasting Act be extended from June 30, 2013 to December 31, 2013.
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 Carignan moved, seconded by the Honourable Senator Poirier:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 4, 2013, at 2 p.m.
The question being put on the motion, it was adopted.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to rule 15-7(1) of the Rules of the Senate and subsections 12(1) and 12(4) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:
By written declaration, in the Standing Senate Committee on Transport and Communications on Wednesday, May 29, 2013, the Honourable Senator Merchant (Study on the challenges faced by the Canadian Broadcasting Corporation).
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Fortin-Duplessis:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:51 p.m. the Senate was continued until Tuesday, June 4, 2013, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Enverga replaced the Honourable Senator Lang (May 29, 2013).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Campbell replaced the Honourable Senator Hubley (May 29, 2013).
The Honourable Senator Beyak replaced the Honourable Senator Martin (May 29, 2013).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Maltais (May 29, 2013).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Demers replaced the Honourable Senator Meredith (May 30, 2013).
The Honourable Senator Oh replaced the Honourable Senator Rivard (May 30, 2013).
The Honourable Senator Rivard replaced the Honourable Senator Johnson (May 29, 2013).
The Honourable Senator Meredith replaced the Honourable Senator Demers (May 29, 2013).
Standing Senate Committee on Human Rights
The Honourable Senator Cordy replaced the Honourable Senator Hubley (May 29, 2013).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Johnson replaced the Honourable Senator Seidman (May 29, 2013).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Frum replaced the Honourable Senator MacDonald (May 30, 2013).
The Honourable Senator MacDonald replaced the Honourable Senator Frum (May 29, 2013).
Standing Senate Committee on National Finance
The Honourable Senator Eaton replaced the Honourable Senator Buth (May 29, 2013).
The Honourable Senator Wells replaced the Honourable Senator Marshall (May 29, 2013).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Wells replaced the Honourable Senator Carignan (May 29, 2013).