Journals of the Senate
2nd Session, 41st Parliament
Issue 50
Tuesday, April 8, 2014
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, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, 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, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, Watt, Wells
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, *Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, 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, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, Watt, Wells
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 Senator Martin tabled the following:
The Tla'amin Final Agreement and related Appendices, and the Tla'amin Tax Treatment Agreement.—Sessional Paper No. 2/41-446.
Presenting or Tabling of Reports from Committees
The Honourable Senator Mockler, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its third report (budget—study on bee health—power to hire staff and to travel).
(The report is printed as Appendix "A'' at pages 718-725 (available in print format PDF).)
The Honourable Senator Mockler moved, seconded by the Honourable Senator Wallace, 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.
° ° °
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its seventh report (budget—study on obesity in Canada—power to hire staff).
(The report is printed as Appendix "B'' at pages 726-731 (available in print format PDF).)
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Greene, 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.
° ° °
The Honourable Senator Andreychuk, Chair of the Standing Committee on Conflict of Interest for Senators, presented its fourth report (budget—mandate pursuant to rule 12-7(16)).
(The report is printed as Appendix "C'' at pages 732-736 (available in print format PDF).)
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Enverga, 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.
° ° °
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its eighth report (budget—study on prescription pharmaceuticals).
(The report is printed as Appendix "D'' at pages 737-742 (available in print format PDF).)
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Enverga, 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.
° ° °
The Honourable Senator Tardif, Chair of the Standing Senate Committee on Official Languages, tabled its third report entitled: CBC/Radio-Canada's Language Obligations, Communities Want to See Themselves and Be Heard Coast to Coast!—Sessional Paper No. 2/41-447S.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, 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.
° ° °
The Honourable Senator Jaffer, Chair of the Standing Senate Committee on Human Rights, presented its fifth report (budget—study on cyberbullying).
(The report is printed as Appendix "E'' at pages 743-748 (available in print format PDF).)
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Massicotte, 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
The Honourable Senator Martin introduced a Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Segal, 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.
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 Tannas, seconded by the Honourable Senator Batters, for the third reading of Bill C-9, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.
After debate,
The question was put on the motion.
Pursuant to rule 7-4(5)(a), a standing vote was deferred until 5:30 p.m., later this day, with the bells to sound at 5:15 p.m. for fifteen minutes.
° ° °
Resuming debate on the motion of the Honourable Senator McIntyre, seconded by the Honourable Senator Dagenais, for the third reading of Bill C-14, An Act to amend the Criminal Code and the National Defence Act (mental disorder).
Debate.
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 7-4(5)(a), the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Batters, for the third reading of Bill C-9, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.
The motion was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Carignan, Champagne, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells—51
NAYS
The Honourable Senators
Callbeck, Campbell, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dawson, Day, Dyck, Eggleton, Fraser, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mercer, Mitchell, Moore, Munson, Ringuette, Robichaud, Sibbeston, Tardif, Watt—26
ABSTENTIONS
The Honourable Senators
Nolin—1
Accordingly, Bill C-9 was read the 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.
With leave of the Senate,
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith:
That the Standing Senate Committee on Fisheries and Oceans have power to sit today, even though the Senate may then be sitting, and that the application of rule 12-18(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
GOVERNMENT BUSINESS
Bills — Third Reading
The Senate resumed debate on the motion of the Honourable Senator McIntyre, seconded by the Honourable Senator Dagenais, for the third reading of Bill C-14, An Act to amend the Criminal Code and the National Defence Act (mental disorder).
After debate,
The question was put on the motion.
Pursuant to rule 7-4(5)(c), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Demers:
That, in accordance with rule 10-11(1), the Standing Senate Committee on National Finance be authorized to examine the subject-matter of all of Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, introduced in the House of Commons on March 28, 2014, in advance of the said bill coming before the Senate;
That the Standing Senate Committee on National Finance be authorized to sit for the purposes of its study of the subject-matter of Bill C-31 even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto; and
That, in addition, and notwithstanding any normal practice:
1. The following committees be separately authorized to examine the subject-matter of the following elements contained in Bill C-31 in advance of it coming before the Senate:
(a) the Standing Senate Committee on Transport and Communications: those elements contained in Divisions 15, 16 and 28 of Part 6;
(b) the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Divisions 11, 17, 20, 27 and 30 of Part 6;
(c) the Standing Senate Committee on National Security and Defence: those elements contained in Divisions 1 and 7 of Part 6;
(d) the Standing Senate Committee on Banking, Trade and Commerce: those elements contained in Parts 2, 3 and 4 and Divisions 2, 3, 4, 8, 13, 14, 19, 22, 24 and 25 of Part 6;
2. The various committees listed in point one that are authorized to examine the subject-matter of particular elements of Bill C-31 submit their final reports to the Senate no later than June 19, 2014;
3. As the reports from the various committees authorized to examine the subject-matter of particular elements of Bill C-31 are tabled in the Senate, they be placed on the Orders of the Day for consideration at the next sitting; and
4. The Standing Senate Committee on National Finance be simultaneously authorized to take any reports tabled under point three into consideration during its study of the subject-matter of all of Bill C-31.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 23 and 1 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Other
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Consideration of the sixth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-213, An Act respecting Lincoln Alexander Day, with amendments), presented in the Senate on April 3, 2014.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator McIntyre, that the report be adopted.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Senate Public Bills — Second Reading
Orders No. 1 to 10 were called and postponed until the next sitting.
° ° °
Ordered, That notwithstanding rule 4-15(2), Order No. 11 (Bill S-214) remain on the Order Paper for another fifteen consecutive sitting days.
° ° °
Order No. 12 was called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Poirier, for the second reading of Bill C-266, An Act to establish Pope John Paul II Day.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Mercer, 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.
° ° °
Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Beyak, for the second reading of Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).
After debate,
The Honourable Senator Fraser, for 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.
° ° °
Order No. 8 was called and postponed until the next sitting.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
° ° °
Consideration of the fourth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on Northern Territories Energy—power to hire staff and to travel), presented in the Senate on April 3, 2014.
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Smith (Saurel), that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the third report of the Standing Senate Committee on National Security and Defence (budget—study on the status of Canada's International Security and Defence relations), presented in the Senate on April 3, 2014.
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the fourth report of the Standing Senate Committee on National Security and Defence (budget—study on the policies and practices of the Canada Border Services Agency—power to hire staff and to travel), presented in the Senate on April 3, 2014.
The Honourable Senator Lang moved, seconded by the Honourable Senator Smith (Saurel), that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the fifth report of the Standing Senate Committee on National Security and Defence (budget—study on Canada's national security and defence policies—power to hire staff and to travel), presented in the Senate on April 3, 2014.
The Honourable Senator Lang moved, seconded by the Honourable Senator Fortin-Duplessis, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the sixth report of the Standing Senate Committee on National Security and Defence (budget—study on Veterans Affairs—power to hire staff and to travel), presented in the Senate on April 3, 2014.
The Honourable Senator Lang moved, seconded by the Honourable Senator Buth, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the fourth report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain committees—legislation), presented in the Senate on April 3, 2014.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Neufeld, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Order No. 8 was called and postponed until the next sitting.
Motions
Orders No. 62, 9, 55, 56, 8 and 47 were called and postponed until the next sitting.
Inquiries
Orders No. 7, 14, 18, 19, 20, 13, 24, 16, 2, 8, 10, 17, 12, 22, 21, 5 and 4 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Nolin, calling the attention of the Senate to its legislative role.
After debate,
The Honourable Senator Cowan 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.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Demers:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:01 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 Agriculture and Forestry
The Honourable Senator Patterson replaced the Honourable Senator Dagenais (April 7, 2014).
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Rivard (April 7, 2014).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Greene replaced the Honourable Senator Tkachuk (April 7, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Oh replaced the Honourable Senator Plett (April 7, 2014).