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Journals of the Senate

1st Session, 41st Parliament

Issue 172

Tuesday, June 11, 2013
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, 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, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, Wells, White, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, 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, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, Wells, 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

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

With leave of the Senate,

The Honourable the Speaker tabled the following:

Copy of a letter from the Auditor General of Canada to the Speaker of the Senate, dated June 7, 2013, concerning the request for a comprehensive audit of Senate expenses, including Senators' expenses, along with a copy of the letter in reply from the Speaker of the Senate.—Sessional Paper No. 1/41-1668S.

o o o

The Honourable the Speaker tabled the following:

Reports of the Office of the Information Commissioner for the fiscal year ended March 31, 2013, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41- 1669.

Presenting or Tabling Reports from Committees

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its twenty-fifth report (Subject-matter of Bill C-314, An Act respecting the awareness of screening among women with dense breast tissue).—Sessional Paper No. 1/41-1670S.

o o o

The Honourable Senator Jaffer, Chair of the Standing Senate Committee on Human Rights, presented its twelfth report (Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity), without amendment).

The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, 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.

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The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, tabled its twenty-first report (Supplementary Estimates (A), 2013-2014).—Sessional Paper No. 1/41-1671S.

The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, 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.

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The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, tabled its twenty- second report (Subject matter of Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures).—Sessional Paper No. 1/41-1672S.

The Honourable Senator Day moved, seconded by the Honourable Senator Moore, 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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts, to which it desires the concurrence of the Senate.

The bill was read the first time.

With leave of the Senate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that the bill be placed on the Orders of the Day for a second reading later this day.

The question being put on the motion, it was adopted.

o o o

A message was brought from the House of Commons with a Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, 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 Plett, 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.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Tardif tabled the following:

Report of the Canadian Delegation of the Canada-France Interparliamentary Association respecting its participation at the 39th Annual Meeting of the Canada-France Interparliamentary Association, held in Bordeaux and Paris, France, from April 7 to 11, 2013.—Sessional Paper No. 1/41-1673.

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The Honourable Senator Ringuette tabled the following:

Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Meeting of the Political Committee of the APF, held in Rabat, Morocco, on April 10 and 11, 2013. —Sessional Paper No. 1/41-1674.

Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Meeting of the Executive Committee and at the First Intersessional Meeting of the Network of Women Parliamentarians of the APF, held in Dakar, Senegal, on April 25 and 26, 2013.—Sessional Paper No. 1/41- 1675.

Notices of Motions

With leave of the Senate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Frum:

That the Standing Committee on Internal Economy, Budgets and Administration have the power to sit at 6 p.m. today, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

The question being put on the motion, it was adopted.

ORDERS OF THE DAY

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-8, An Act respecting the safety of drinking water on First Nation lands,

And to acquaint the Senate that the Commons has passed this bill with amendments, to which it desires the concurrence of the Senate.

The amendments were then read by one of the clerks at the Table, as follows:

1. Page 2, clause 2: Delete:

a) lines 12 and 13;

b) lines 21 to 23.

2. Clause 14: Delete clause 14.

3. Schedule: Delete schedule.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Tkachuk, that the amendments be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

GOVERNMENT BUSINESS

Bills — Third Reading

Third reading of Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.

The Honourable Senator White moved, seconded by the Honourable Senator Doyle, that the bill be read the third time.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Bills — Second Reading

Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Eaton, for the second reading of Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, 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.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves,

And to acquaint the Senate that the Commons has passed this bill, without amendment.

Bills — Second Reading

Second reading of Bill C-63, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014.

The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Unger, that the bill be read the second time.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, 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.

o o o

Second reading of Bill C-64, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014.

The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Johnson, that the bill be read the second time.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, 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.

o o o

Second reading of Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts.

The Honourable Senator Tannas moved, seconded by the Honourable Senator Oh, that the bill be read the second time.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.

The question being put on the motion, it was adopted.

Reports of Committees — Other

Consideration of the twentieth report (second interim) of the Standing Senate Committee on National Finance (2013-2014 Main Estimates), tabled in the Senate on May 30, 2013.

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, that the report be adopted.

The Honourable Senator Callbeck moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Order No. 2 was called and postponed until the next sitting.

o o o

Consideration of the tenth report of the Standing Senate Committee on Banking, Trade and Commerce entitled: Follow the Money: Is Canada Making Progress In Combatting Money Laundering and Terrorist Financing? Not Really, tabled in the Senate on March 20, 2013.

After debate,

The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, that the report be adopted.

The Honourable Senator Tardif, for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Ringuette, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

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

Commons Public Bills — Third Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator White, for the third reading of Bill C-290, An Act to amend the Criminal Code (sports betting).

After debate,

Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Baker, P.C.

Senate Public Bills — Reports of Committees

Orders No. 1 and 2 were called and postponed until the next sitting.

Senate Public Bills — Second Reading

Resuming debate on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Tardif, for the second reading of Bill S-218, An Act to prohibit and prevent genetic discrimination.

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.

o o o

Order No. 2 was 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.

o o o

Second reading of Bill C-419, An Act respecting language skills.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that the bill be read the second time.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Andreychuk, that the bill be referred to the Standing Senate Committee on Official Languages.

The question being put on the motion, it was adopted.

Reports of Committees — Other

Consideration of the eleventh report of the Standing Senate Committee on Human Rights (budget—study on cyberbullying in Canada), presented in the Senate on June 6, 2013.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Braley, that the report be adopted.

The question being put on the motion, it was adopted.

o o o

Consideration of the twelfth report (interim) of the Standing Senate Committee on Aboriginal Peoples, entitled: "The People Who Own Themselves'': Recognition of Métis Identity in Canada, tabled in the Senate on June 6, 2013.

The Honourable Senator White moved, seconded by the Honourable Senator Seidman:

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 Aboriginal Affairs and Northern Development Canada being identified as minister responsible for responding to the report.

After debate,

The question being put on the motion, it was adopted.

o o o

Orders No. 3 to 7 were called and postponed until the next sitting.

Motions

Orders No. 158, 128, 75, 162, 144 and 161 were called and postponed until the next sitting.

Inquiries

Orders No. 71, 57, 18, 62, 64, 65, 22, 67, 59, 35, 70, 45 and 40 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the need for improved mental health care treatment for inmates in federal correctional institutions, and the benefits of providing such treatment through alternative service delivery options.

After debate,

Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Cordy.

o o o

Orders No. 9, 60, 68 and 19 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Cowan moved, seconded by the Honourable Senator Hubley:

That the Senate take note of the following facts:

1. Prime Minister Stephen Harper stated on May 22nd, while in Lima, Peru, that when his former Chief of Staff, Nigel Wright, gave Senator Michael Duffy more than $90,000 "he did this in [his] capacity as Chief of Staff'';

2. It is not known what consideration the Prime Minister or his office received in return from Senator Duffy for this money;

3. It is not known whether similar payments were made to any other individuals by Mr. Wright or by others in the Prime Minister's Office; and

4. It is not known whether the Prime Minister's former Chief of Staff has or will himself be reimbursed by any third party for his payment to Senator Duffy;

and therefore the Senate urge the Auditor General of Canada to conduct a comprehensive audit of the expenses of the Prime Minister's Office, including any payments made by individuals in the Prime Minister's Office to Parliamentarians; and

That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.

After debate,

The Honourable Senator Mitchell 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.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):

Summaries of the Corporate Plan for 2013-2014 to 2017-2018 and of the Capital and Operating Budgets for 2013- 2014 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-1659.

Report of the Canada Pension Plan Investment Board, together with the Auditors' Report, for the fiscal year ended March 31, 2013, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40, sbs. 51(2).—Sessional Paper No. 1/41-1660.

Summaries of the Corporate Plan for 2013-2014 to 2017-2018 and of the Operating and Capital Budgets for 2013- 2014 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F- 11, sbs. 125(4). —Sessional Paper No. 1/41-1661.

Summaries of the Corporate Plan for 2013-2014 to 2017-2018 and of the Operating and Capital Budgets for 2013- 2014 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-1662.

Summaries of the Corporate Plan for 2013-2014 to 2017-2018 and of the Operating and Capital Budgets for 2013- 2014 of the Canada Science and Technology Museums Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-1663.

Report of Ridley Terminals Inc., together with the Auditor General's Report, for the year 2012, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-1664.

Reports of the Great Lakes Pilotage Authority for the fiscal year ended March 31, 2013, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-1665.

Report of the Canada Foundation for Sustainable Development Technology (including supplements I and II), together with the Auditors' Report, for the year 2012, pursuant to the Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, sbs. 30(3).—Sessional Paper No. 1/41-1666.

Reports of the Yukon Environmental and Socio-economic Assessment Board for the fiscal year ended March 31, 2013, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-1667.

ADJOURNMENT

The Honourable Senator Carignan moved, seconded by the Honourable Senator Nolin:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 6:50 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 Banking, Trade and Commerce

The Honourable Senator Oh replaced the Honourable Senator Black (June 10, 2013).

The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Mercer (June 6, 2013).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Johnson replaced the Honourable Senator Oh (June 10, 2013).

Standing Senate Committee on Human Rights

The Honourable Senator Cordy replaced the Honourable Senator Mitchell (June 6, 2013).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Fraser replaced the Honourable Senator Charette-Poulin (June 10, 2013).

The Honourable Senator Jaffer replaced the Honourable Senator Downe (June 10, 2013).

The Honourable Senator Charette-Poulin replaced the Honourable Senator Fraser (June 6, 2013).

Standing Senate Committee on National Finance

The Honourable Senator McInnis replaced the Honourable Senator Braley (June 10, 2013).

The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Ringuette (June 7, 2013).

The Honourable Senator Ringuette replaced the Honourable Senator Hervieux-Payette, P.C. (June 6, 2013).

The Honourable Senator Braley replaced the Honourable Senator McInnis (June 6, 2013).

Standing Senate Committee on National Security and Defence

The Honourable Senator Patterson replaced the Honourable Senator White (June 10, 2013).

The Honourable Senator Buth replaced the Honourable Senator Manning (June 10, 2013).

The Honourable Senator White replaced the Honourable Senator Patterson (June 10, 2013).

Standing Senate Committee on Transport and Communications

The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Housakos (June 10, 2013).

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