Journals of the Senate
2nd Session, 41st Parliament
Issue 64
Thursday, May 29, 2014
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, Buth, Callbeck, Carignan, Chaput, Charette-Poulin, Cools, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Maltais, Marshall, Martin, Massicotte, McCoy, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Wallace, Watt, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Carignan, Chaput, Charette-Poulin, Cools, *Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Eaton, Eggleton, 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, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, 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
The Honourable Senator Martin tabled the following:
Certificate of Nomination and biographical notes of Daniel Therrien, the nominee for the position of Privacy Commissioner.—Sessional Paper No. 2/41-523.
Presenting or Tabling of Reports
from Committees
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on
Social Affairs, Science and Technology, tabled its ninth report (Subject
matter of Bill C-31 (Divisions 11, 17, 20, 27 and 30 of Part 6)).—Sessional
Paper No. 2/41-524S.
(Pursuant to the order adopted on April 9, 2014, the report was deemed
referred to the Standing Senate Committee on National Finance and placed on the
Orders of the Day for consideration at the next sitting.)
° ° °
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, tabled its ninth report (Second Interim) (Main Estimates 2014-2015).—Sessional Paper No. 2/41-525S.
The Honourable Senator Day moved, seconded by the Honourable Senator Dallaire, 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 Runciman presented the following:
Thursday, May 29, 2014
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
NINTH REPORT
Your committee, to which was referred Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment), has, in obedience to the order of reference of Tuesday, April 1, 2014, examined the said bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
BOB RUNCIMAN
Chair
Observations to the Ninth Report of the Standing Senate Committee on Legal and Constitutional Affairs
The new recruitment offence being added by Bill C-394 refers to a person who "coerces'' a person to join a criminal organization. In the penalty section, however, there is no mention of someone having been "coerced.'' The committee believes, therefore, that the word "coerced'' should be added to new section 467.111(a) of the Criminal Code.
Section 196(5) of the Criminal Code governs extensions of the period within which individuals must be notified that their private communications have been intercepted, when the relevant offence is one of the specified offences, including the criminal organization offences set out at sections 467.11, 467.12, and 467.13 of the Criminal Code. Clause 6 of Bill C-394 amends section 196(5) of the Criminal Code by adding the proposed new criminal organization offence under section 467.111. Under section 196.1(5) of the Criminal Code, the notification period for certain emergency interceptions may also be extended. Section 196.1(5) refers to sections 467.11, 467.12, and 467.13 of the Criminal Code, but not to section 467.111. The committee believes that there should be consistency in the Criminal Code between these two sections.
The committee is also concerned that when a private member's bill is amended by the Senate, the procedures in the other place do not allow for an effective consideration of the Senate's amendments when the original sponsor of the bill is no longer in a position to move their concurrence in the House.
The Honourable Senator Plett moved, seconded by the Honourable Senator Frum, 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.
° ° °
The Honourable Senator Gerstein, Chair of the Standing Senate Committee on
Banking, Trade and Commerce, tabled its fourth report (Subject matter of Bill
C-31 (Parts 2, 3 and 4 and Divisions 2, 3, 4, 8, 13, 14, 19, 22, 24 and 25 of
Part 6)).—Sessional Paper No. 2/41-526S.
(Pursuant to the order adopted on April 9, 2014, the report was deemed
referred to the Standing Senate Committee on National Finance and placed on the
Orders of the Day for consideration at the next sitting.)
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence), to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Demers, 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 — Second Reading
Resuming debate on the motion of the Honourable Senator Frum, seconded by the Honourable Senator Maltais, for the second reading of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Frum moved, seconded by the Honourable Senator Dagenais, 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, on division.
° ° °
Order No. 2 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 3 were called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, June 3, 2014 at 2 p.m.
The question being put on the motion, it was adopted, on division.
° ° °
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Greene:
That, in accordance with rule 10-11(1), the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine the subject matter of Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, introduced in the House of Commons on February 6, 2014, in advance of the said bill coming before the Senate.
After debate,
In amendment, the Honourable Senator Ogilvie moved, seconded by the Honourable Senator Patterson, that the motion be amended by adding, immediately before the final period, the following:
";
That the committee be authorized to meet for the purposes of this study, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto;
That, notwithstanding rule 12-18(2)(a), the committee be also authorized to meet for the purposes of this study, even though the Senate may be then adjourned for more than a day but less than a week; and
That, pursuant to rule 12-18(2)(b)(i), the committee be also authorized to meet for the purposes of this study, even though the Senate may then be adjourned for more than a week''.
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 1 was 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
Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Wallace, for the third reading of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials).
After debate,
In amendment, the Honourable Senator Dallaire moved, seconded by the Honourable Senator Eggleton, P.C., that Bill C-217 be not now read a third time but that it be amended in clause 1, on page 1,
(a) by replacing line 15 with the following:
"grounds of such a building or structure or in a''; and
(b) by replacing lines 23 to 27 with the following:
"(i) for a second offence, to imprisonment for not less than 14 days, and
(ii) for each subsequent offence, to im-''.
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 Runciman, seconded by the Honourable Senator Wallace, for the third reading of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials), 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, without amendment.
With leave,
The Senate reverted to Presenting or Tabling of Reports from Committees.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, tabled its tenth report (Subject matter of Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures).—Sessional Paper No. 2/41-527S.
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.
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 2 was called and postponed until the next sitting.
° ° °
Third reading of Bill C-444, An Act to amend the Criminal Code (personating peace officer or public officer).
The Honourable Senator Dagenais moved, seconded by the Honourable Senator Maltais, that the bill be read the third time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Campbell, 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.
Senate Public Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Tardif, for the second reading of Bill S-210, An Act to amend the Criminal Code (criminal interest rate).
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Jaffer, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 9 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Wallace, that the bill be read the second time.
After debate,
The Honourable Senator Fraser 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.
Commons Public Bills — Second Reading
Orders No. 1 to 8 were called and postponed until the next sitting.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Motions
Orders No. 9, 56, 66, 55, 60, 8, 47 and 62 were called and postponed until the next sitting.
Inquiries
Orders No. 17, 13, 25, 26, 12, 22, 21, 16, 23 and 5 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to Canada's Pro-Cycling Festival, the Tour of Alberta.
Debate concluded.
° ° °
Orders No. 15, 7, 14, 18, 19, 20, 24 and 2 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Hubley, calling the attention of the Senate to Canadian children in care, foster families, and the child welfare system.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Ringuette, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Dyck, calling the attention of the Senate to the disparities in educational attainments of First Nations people, inequitable funding of on-reserve schools and insufficient funding for postsecondary education.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Day, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Maltais called the attention of the Senate to the protection of the Atlantic salmon sports fishery in the marine areas of eastern Canada, and the importance of protecting Atlantic salmon for future generations.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Day, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
At 5:09 p.m., pursuant to rule 16-1(8), the sitting was suspended to await the announcement of Royal Assent, to reassemble at the call of the Chair with a five minute bell.
At 5:42 p.m. the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 5:42 p.m. the Honourable the Speaker Pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
May 29, 2014
Mr. Speaker:
I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 29th day of May, 2014, at 5:03 p.m.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, May 29, 2014
An Act restricting the fees charged by promoters of the disability tax credit and making consequential amendments to the Tax Court of Canada Act (Bill C-462, Chapter 7, 2014)
An Act to amend the Canada Grain Act and the Canada Transportation Act and to provide for other measures (Bill C-30, Chapter 8, 2014)
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:45 p.m. the Senate was continued until Tuesday, June 3, 2014 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Plett replaced the Honourable Senator Buth (May 28, 2014).
The Honourable Senator Buth replaced the Honourable Senator Bellemare (May 28, 2014).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Rivard replaced the Honourable Senator Verner, P.C. (May 28, 2014).
The Honourable Senator Ataullahjan replaced the Honourable Senator Beyak (May 28, 2014).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Seth (May 28, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Doyle replaced the Honourable Senator McInnis (May 28, 2014).
The Honourable Senator McInnis replaced the Honourable Senator Unger (May 28, 2014).
Standing Senate Committee on National Finance
The Honourable Senator Neufeld replaced the Honourable Senator Buth (May 28, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Wells replaced the Honourable Senator Plett (May 28, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Furey replaced the Honourable Senator Merchant (May 28, 2014).