Journals of the Senate
2nd Session, 41st Parliament
Issue 13
Wednesday, November 6, 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, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, 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, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, 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, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, 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
Introduction and First Reading of Senate Public Bills
The Honourable Senator Cowan introduced a Bill S-208, 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 Fraser, 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.
° ° °
The Honourable Senator Jaffer introduced a Bill S-209, An Act to amend the Criminal Code (exception to mandatory minimum sentences for manslaughter and criminal negligence causing death).
The bill was read the first time.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Ringuette, 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 32nd ParlAmericas Meeting of the Board of Directors and the 10th Plenary Assembly, held in San José, Costa Rica, from August 20 to 24, 2013.—Sessional Paper No. 2/41-168.
° ° °
The Honourable Senator Day tabled the following:
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Visit of the Defence and Security Committee, held in Washington, D.C. and Dayton, Ohio, USA, from February 1 to 5, 2012.—Sessional Paper No. 2/41-169.
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Meeting of the Standing Committee, held in Ljubljana, Slovenia, on March 31, 2013.—Sessional Paper No. 2/41- 170.
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the joint visit of the 79th Rose-Roth Seminar and the Mediterranean and Middle East Special Group, held in Marseilles, France, from May 11 to 13, 2012.—Sessional Paper No. 2/41-171.
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Rose-Roth Joint Seminar of the Mediterranean and Middle East Special Group and the Subcommittee on East- West Economic Co-operation and Convergence held in Marrakech, Morocco, from April 3 to 5, 2013.—Sessional Paper No. 2/41-172.
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Meeting of the Standing Committee and the Secretaries of Delegation, held in Copenhagen, Denmark, from March 22 to 24, 2013.—Sessional Paper No. 2/41-173.
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the 2013 Spring Session, held in Luxembourg, from May 17 to 20, 2013. —Sessional Paper No. 2/41-174.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Consideration of His Excellency the Governor General's Speech from the Throne at the Opening of the Second Session of the Forty-first Parliament.
The Honourable Senator Martin moved, seconded by the Honourable Senator Carignan, P.C.:
That the following Address be presented to His Excellency the Governor General of Canada:
To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Martin moved, seconded by the Honourable Senator Poirier:
That, for the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 3-1(1);
(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned;
(c) when the Senate sits past 4 p.m. on a Wednesday, committees scheduled to meet be authorized to hold meetings for the purpose of receiving and publishing evidence, even if the Senate is then sitting, with the application of rule 12-18(1) being suspended in relation thereto; and
(d) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Jaffer, that further debate on the motion be adjourned until the next sitting.
The question was put on the motion.
Pursuant to rule 9-3, a standing vote was requested, with the bells to ring for one hour.
Ordered, That the standing vote be not proceeded with.
The question then being put on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Jaffer, that further debate on the motion be adjourned until the next sitting, it was adopted.
OTHER BUSINESS
Senate Public Bills—Second Reading
Orders No. 1 to 7 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
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Second reading of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Mockler, that the bill be read the second time.
After debate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Dawson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Second reading of Bill C-266, An Act to establish Pope John Paul II Day.
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Poirier, that the bill be read the second time.
After debate,
The Honourable Senator Cordy moved, seconded by the Honourable Senator Smith, P.C. (Cobourg), that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 4 to 10 were called and postponed until the next sitting.
Motions
Order No. 5 was called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Fortin-Duplessis:
That, notwithstanding any usual practice or provision of the Rules, in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, the Senate order a suspension for the Honourable Senator Brazeau for sufficient cause, considering his gross negligence in the management of his parliamentary resources, until such time as this order is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions:
(a) Senator Brazeau, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional allowance or living allowance;
(b) Senator Brazeau's right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of the suspension; and
(c) Senator Brazeau shall not receive any other benefit from the Senate during the duration of the suspension;
That, notwithstanding the provisions of this suspension motion, the Senate confirm that the Standing Committee on Internal Economy, Budgets and Administration retains the authority, as it considers appropriate, to take any action pertaining to the management of Senator Brazeau's office and personnel for the duration of the suspension;
And on the motion in amendment of the Honourable Senator McCoy, seconded by the Honourable Senator Cools, that the motion be amended by:
(1) by deleting the first paragraph and replacing it with the following:
That, pursuant to rules 15-2(1) and 15-2(2), and in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, that the Senate order a leave of absence for the Honourable Senator Brazeau to last until the RCMP have concluded their investigations into these matters; and
(2) that the second paragraph be deleted and be replaced with the following words:
That concurrent with the RCMP investigation, the Speaker, the Government Leader and the Opposition Leader should engage in regular consultations (with each other), with the goal of identifying an appropriate course of action for the Senate to take with respect to Senator Brazeau, when the outcome of the RCMP investigation is known.
After debate,
With leave of the Senate, the motion in amendment and the main motion were withdrawn.
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Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Poirier:
That, notwithstanding any usual practice or provision of the Rules, in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, the Senate order a suspension for the Honourable Senator Wallin for sufficient cause, considering her gross negligence in the management of her parliamentary resources, until such time as this order is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions:
(a) Senator Wallin, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional allowance or living allowance;
(b) Senator Wallin's right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of the suspension; and
(c) Senator Wallin shall not receive any other benefit from the Senate during the duration of the suspension;
That, notwithstanding the provisions of this suspension motion, the Senate confirm that the Standing Committee on Internal Economy, Budgets and Administration retains the authority, as it considers appropriate, to take any action pertaining to the management of Senator Wallin's office and personnel for the duration of the suspension;
And on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser:
That this motion be referred to our Standing Committee on Rules, Procedures and the Rights of Parliament for consideration and report;
That Senator Wallin be invited to appear; and in light of the public interest in this matter, pursuant to rule 14-7(2), proceedings be televised.
With leave of the Senate, the subsidiary motion and the main motion were withdrawn.
° ° °
Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Poirier:
That, notwithstanding any usual practice or provision of the Rules, in order to protect the dignity and reputation of the Senate and public trust and confidence in Parliament, the Senate order a suspension for the Honourable Senator Duffy for sufficient cause, considering his gross negligence in the management of his parliamentary resources, until such time as this order is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions:
(a) Senator Duffy, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional allowance or living allowance;
(b) Senator Duffy's right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of the suspension; and
(c) Senator Duffy shall not receive any other benefit from the Senate during the duration of the suspension;
That, notwithstanding the provisions of this suspension motion, the Senate confirm that the Standing Committee on Internal Economy, Budgets and Administration retains the authority, as it considers appropriate, to take any action pertaining to the management of Senator Duffy's office and personnel for the duration of the suspension;
And on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Munson:
That this motion be referred to our Standing Committee on Rules, Procedures and the Rights of Parliament for consideration and report;
That Senator Duffy be invited to appear; and in light of the public interest in this matter, pursuant to rule 14-7(2), proceedings be televised.
With leave of the Senate, the subsidiary motion and the main motion were withdrawn.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Reports of the Canadian Northern Economic Development Agency 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. 2/41-156.
Reports of the Department of Foreign Affairs and International Trade 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. 2/41-157.
Report of Canada Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2013, pursuant to the Canada Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1). —Sessional Paper No. 2/41-158.
Report on the administration of student financial assistance programs for the loan year 2011-2012, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, sbs. 20(1). —Sessional Paper No. 2/41-159.
Reports of the Canadian Artists and Producers Professional Relations Tribunal 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. 2/41-160.
Report of the National Research Council of Canada, together with the Auditors' Report, for the fiscal year ended March 31, 2013, pursuant to the National Research Council Act, R.S.C. 1985, c. N-15, s. 17.—Sessional Paper No. 2/ 41-161.
Reports of the Department of National Defence 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. 2/41-162.
Reports of the Military Police Complaints Commission 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. 2/41- 163.
Reports of the National Defence and Canadian Forces Ombudsman 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) and s. 73.—Sessional Paper No. 2/41-164.
Report of the Canadian Polar Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2013, pursuant to the Canadian Polar Commission Act, S.C. 1991, c. 6, sbs. 21(2).—Sessional Paper No. 2/ 41-165.
Report of the Freshwater Fish Marketing Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2013, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/41-166.
Reports of the Freshwater Fish Marketing Corporation 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. 2/41- 167.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Andreychuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:18 p.m. the Senate was continued until tomorrow at 2 p.m.)