Journals of the Senate
1st Session, 41st Parliament
Issue 173
Wednesday, June 12, 2013
1:30 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, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, 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, Rivest, 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, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, 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, Rivest, 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
The Honourable the Speaker Pro tempore tabled the following:
Fifth Annual Report of the Commissioner of Lobbying, for the period ending March 31, 2013, pursuant to the Lobbying Act, R.S.C., 1985, c. 44 (4th Supp.), s. 11.—Sessional Paper No. 1/41-1677.
Report of the Conflict of Interest and Ethics Commissioner on the performance of her duties and functions under the Conflict of Interest Act in relation to public office holders, for the fiscal year ending March 31, 2013, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, par. 90(1)(b).—Sessional Paper No. 1/41-1678.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Cowan introduced a Bill S-219, An Act to establish the Canadian Commission on Mental Health and Justice.
The bill was read the first time.
The Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif, 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 MacDonald tabled the following:
Report of the Canadian Delegation of the Canadian Section of ParlAmericas respecting its participation at the 30th Meeting of the Board of Directors, held in Medellin, Colombia, from February 20 to 22, 2013.—Sessional Paper No. 1/ 41-1679.
Revised Report of the Canadian Delegation of the Canadian section of ParlAmericas respecting its Bilateral Visit to Guatemala City, Guatemala and San Salvador, El Salvador, from January 19 to 26, 2013.—Sessional Paper No. 1/41- 1515.
The Honourable Senator Andreychuk tabled the following:
Report of the Canadian Delegation of the Commonwealth Parliamentary Association respecting its participation at the 58th Commonwealth Parliamentary Conference, held in Colombo, Sri Lanka, from September 7 to 15, 2012.—Sessional Paper No. 1/41-1680.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Reports of Committees — Other
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Mercer, for the adoption 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 question being put on the motion, it was adopted.
Consideration of the twenty-first report of the Standing Senate Committee on National Finance (Supplementary Estimates (A), 2013-2014), tabled in the Senate on June 11, 2013.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills — Messages from the House of Commons
Consideration of the amendments by the House of Commons to Bill S-8, An Act respecting the safety of drinking water on First Nation lands:
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 Patterson moved, seconded by the Honourable Senator Wallace:
That the Senate concur in the amendments made by the House of Commons to Bill S-8, An Act respecting the safety of drinking water on First Nation lands; and
That a Message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The question being put on the motion, it was adopted, on division.
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Doyle, for the third reading of Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.
After debate,
In amendment, the Honourable Senator Dallaire moved, seconded by the Honourable Senator Moore, that Bill C- 15 be not now read a third time, but that it be amended,
(a) in clause 4, on page 4,
(i) by replacing lines 11 to 13 with the following:
"(3) The Vice Chief of the Defence Staff may, in exceptional circumstances, issue instructions or guidelines in writing in respect of a particular investigation if the Vice Chief of the Defence Staff considers that operational exigencies so require, and shall include reasons in writing for issuing the instructions or guidelines.'', and
(ii) by replacing lines 16 to 23 with the following:
"section (3), together with the reasons for having issued them, are made available to the public without delay.
(5) If the Provost Marshal considers that it would be in the best interests of the administration of justice not to make an instruction or guideline, or a part of one, and the reasons for having issued the instruction or guideline available to the public at an earlier date, the Provost Marshal may delay making the instruction or guideline, or that part of it, and the reasons available to the public until,
(a) if no charge is laid or preferred as a result of the particular investigation, the end of one year after the investigation is completed; or
(b) if a charge is laid or preferred as a result of the particular investigation,
(i) the end of one year after all proceedings related to the charge are completed and all levels of review or appeal related to the charge are exhausted, or
(ii) if the charge is withdrawn, the end of one year after the charge is withdrawn unless during that year a charge is laid or preferred as a result of the particular investigation.
(6) Nothing in this section precludes
(a) a member of the military police from making a complaint under section 250.19; or
(b) a finding, in respect of a complaint made under section 250.19, that improper interference with an investigation has occurred.'';
(b) in clause 8, on page 5, by replacing lines 27 to 32 with the following:
"of a grievance if the Chief of the Defence Staff does not act on a finding or recommendation of the Grievances Committee.''; and
(c) in clause 75, on page 49,
(i) by replacing line 7 with the following:
"89, 90, 91, 96, 97, 99, 101, 101.1,'', and
(ii) by replacing lines 11 to 15 with the following:
"(i) detention for a period not exceeding 30 days,
(ii) a severe reprimand,
(iii) a reprimand,
(iv) a fine not exceeding basic pay for one month, or
(v) a minor punishment; or''.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Fraser, 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.
Third 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 third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
Third 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 Unger, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-266, An Act to establish Pope John Paul II Day, 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.
GOVERNMENT BUSINESS
Reports of Committees — Other
Orders No. 2, 4 and 5 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.
At 4:30 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):
Proposed Regulations Amending the Immigration and Refugee Protection Regulations, dated June 2013, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 1/41-1676.