Journals of the Senate
2nd Session, 41st Parliament
Issue 71
Friday, June 13, 2014
9:00 a.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, Maltais, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Watt, Wells
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, Maltais, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, 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
Presenting or Tabling of Reports from Committees
The Honourable Senator Andreychuk, Chair of the Standing Committee on Conflict of Interest for Senators, presented its fifth report (amendments to the Conflict of Interest Code for Senators).
(The report is printed as an appendix at pages 1023-1070 (available in print format PDF).)
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Plett, 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 Senate Committee on Foreign Affairs and International Trade, presented its fifth report (Bill C-20, An Act to implement the Free Trade Agreement between Canada and the Republic of Honduras, the Agreement on Environmental Cooperation between Canada and the Republic of Honduras and the Agreement on Labour Cooperation between Canada and the Republic of Honduras, without amendment).
The Honourable Senator Housakos moved, seconded by the Honourable Senator Fortin-Duplessis, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Fortin-Duplessis, for the third reading of Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act, as amended.
After debate,
In amendment, the Honourable Senator Furey moved, seconded by the Honourable Senator Eggleton, P.C., that Bill S-4, as amended, be not now read a third time but that it be amended in clause 6:
(a) on page 5,
(i) by deleting lines 14 to 21, and
(ii) by relettering paragraphs 7(3)(d.2) and (d.3) as paragraphs 7(3)(d.1) and (d.2) respectively;
(b) on page 6, by relettering paragraph 7(3)(d.4) as paragraph 7(3)(d.3); and
(c) on page 7, by adding after line 6 the following:
"(14.1) Section 7 of the Act is amended by adding the following after subsection (3):
(3.1) Except where otherwise expressly provided by law and subject to subsection (3.2), an organization shall notify the individual of any disclosure of his or her personal information made by it under subsection (3), and the purposes for which that disclosure was made, within 60 days of the disclosure.
(3.2) On the application of a government institution, the Court may grant an order that notification under subsection (3.1) be delayed if the Court is satisfied that it is in the public interest to do so.
(3.3) An organization that discloses personal information under subsection (3) during a fiscal quarter of a fiscal year shall, as soon as feasible after the end of that fiscal quarter, submit to the Commissioner a report on the number of disclosures of personal information made by it under subsection (3) during that fiscal quarter, indicating
(a) the total number of disclosures made;
(b) the number of disclosures made in respect of each of the applicable circumstances set out in paragraphs (3)(a) to (h.1); and
(c) the number of disclosures that included each of the following classes of personal information:
(i) name,
(ii) address,
(iii) electronic mail address,
(iv) telephone number,
(v) electronic message content,
(vi) computer data,
(vii) Internet Protocol address,
(viii) Uniform Resource Locator, and
(ix) any other class of personal information specified by the Commissioner.
(3.4) The Commissioner shall make public the name of any organization that submits a report under subsection (3.3), together with the information referred to in paragraphs (3.3)(a) to (c) that is contained in the report.''.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Campbell, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dawson, Day, Dyck, Eggleton, Fraser, Furey, Hervieux-Payette, Hubley, Kenny, Massicotte, Mitchell, Munson, Ringuette, Robichaud, Smith (Cobourg), Watt—23
NAYS
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, Maltais, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Oh, Patterson, Plett, Poirier, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells—48
ABSTENTIONS
The Honourable Senators
Nolin—1
The Senate resumed debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Fortin-Duplessis, for the third reading of Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act, as amended.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Martin moved, seconded by the Honourable Senator Fraser:
That, pursuant to rule 7-1, debate on third reading of Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act, as amended, will continue on Monday, June 16, 2014, and all questions necessary to dispose of third reading of the bill will be put and any requested standing vote shall take place before the Senate rises on that day.
The question being put on the motion, it was adopted, on division.
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Beyak, for the third reading of Bill C-5, An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures.
After debate,
The question being put on the motion, it was adopted.
The bill was then 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.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
° ° °
Second reading of Bill C-38, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2015.
The Honourable Senator Buth 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, on division.
The bill was then read the second time, on division.
The Honourable Senator Buth moved, seconded by the Honourable Senator Unger, 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.
° ° °
Second reading of Bill C-39, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2015.
The Honourable Senator Buth 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, on division.
The bill was then read the second time, on division.
The Honourable Senator Buth moved, seconded by the Honourable Senator Doyle, 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.
° ° °
Order No. 4 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 7 were called and postponed until the next sitting.
Motions
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
Orders No. 1 to 3 were called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 6 were called and postponed until the next sitting.
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.
° ° °
Consideration of the sixth report of the Standing Committee on Internal Economy, Budgets and Administration (appointment of the Law Clerk and Parliamentary Counsel of the Senate), presented in the Senate on June 12, 2014.
The Honourable Senator Furey moved, seconded by the Honourable Senator Tannas, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 to 5 were called and postponed until the next sitting.
Motions
Orders No. 74, 62, 69, 71, 9, 56, 66, 55 and 60 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Joyal, P.C.:
That, the Senate of Canada calls on the Government of Pakistan to immediately release Ms. Asia Bibi, a Christian woman who is being arbitrarily detained due to her religious beliefs;
That, the Senate of Canada declare its intention to request that Ms. Asia Bibi be granted Honourary Canadian Citizenship, and declare its intention to request that Canada grant her and her family asylum, if she so requests; 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 Greene moved, seconded by the Honourable Senator Mockler, 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 Ringuette, seconded by the Honourable Senator Tardif:
That the Senate Standing Committee on Banking, Trade and Commerce be authorized to examine and report on trade between the United States and Canada and the adherence to the laws and principles of all trade agreements, with particular focus on spent fowl and chicken imports, including:
(a) the application of tariffs and quotas on classifications that include blends, food preparation, kits, and sets, as well as the potential for these products to circumvent the law and principle of trade agreements, in particular import quotas;
(b) the regulations regarding import tariffs and quotas as established by the Department of Finance;
(c) the interpretation and application of those rules and regulations by the Canadian Border Services Agency;
(d) the monitoring of products defined as blends, food preparation, kits, and sets; and
(e) The reciprocity of US regulations regarding similar Canadian imports;
That the committee provide recommendations for regulatory and legislative actions to ensure fairness for Canadians in the system; and
That the committee submit its final report to the Senate no later than June 27, 2014, and retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
After debate,
The Honourable Senator Greene moved, seconded by the Honourable Senator Mockler, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
Orders No. 15, 17, 22, 14, 18, 19, 20, 28, 8, 10, 29, 13, 25, 26, 12, 21, 16, 23 and 5 were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Cools called the attention of the Senate to:
(a) the constitutional code and practices called judicial independence, the legal and political concepts, enshrined in our constitution, most particularly in the British North America Act 1867 sections 96-101, which prescribe the constitutional position of the superior court judges of Canada, and the duty of our houses of parliament to protect them, and to superintend judicial independence, and, justice itself, and;
(b) to the unsettling public circumstances in which the vice regal of Her Majesty, who is also the distinguished Supreme Court of Canada's Chief Justice, the Right Honourable Beverley McLachlin, P.C., was placed, consequent to unfair and unjustified insinuations by some in the Prime Minister's Office, which insinuations distorted the Chief Judge's proper actions in a telephone communication with the well-respected Attorney General Peter Mackay, which communication was about her proper and dutiful purpose of compliance with the law on the selection and eligibility of the three judges from Quebec, pursuant to the Supreme Court of Canada Act section 6, and;
(c) to the clearly drafted section 6 of the Supreme Court Act which dictates that,
At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province,
and;
(d) to the undesirable insinuations and distortions, which had the consequence of exposing Madame Chief Justice to potentially ugly controversy and turmoil, which potential compelled the Court, in the person of its Executive Legal Officer, Mr. Owen Rees, to issue a statement to clarify the facts and the propriety of the Chief Justice's most dutiful actions, which statement was well received by the public, and;
(e) to Madame Justice McLachlin's diligence in her dutiful endeavours as Chief Justice, and the well-established principle that all judicial officers and lawyers have a duty, if having the knowledge, to take action to prevent breaches of the law and legal wrongs and sins.
After debate,
The Honourable Senator Cools, for the Honourable Senator McCoy, 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.
° ° °
The Honourable Senator Cools called the attention of the Senate to:
(a) the constitutional code and practices called judicial independence, the legal and political concepts, enshrined in our constitution, most particularly in the British North America Act 1867 sections 96-101, which prescribe the constitutional position of the superior court judges of Canada, and the duty of our houses of parliament to protect them, and to superintend judicial independence, and, justice itself, and;
(b) to the disturbing media accounts respecting the failed appointment process to the Supreme Court of Canada of a Federal Court Judge, the Honourable Justice Marc Nadon, and;
(c) to the spoiled selection process that has so afflicted Justice Nadon, by which he had been selected for appointment to the Supreme Court, pursuant to the ancient section 6 of the Supreme Court of Canada Act, which section, jealously held by the people and province of Quebec, prescribes that the three Supreme Court judges appointed from Quebec must possess current mastery of the civil law, and be selected from among the current judges of Quebec's superior courts, or, from among the current members and practitioners of the Quebec bar, of which Justice Nadon is not, and;
(d) to the clearly drafted section 6 of the Supreme Court Act which dictates that,
At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province,
and;
(e) to the constitutional constancy of section 6 of the Supreme Court of Canada Act, which section has remained the same in text and substance as originally enacted in 1875 in section 4 of An Act to establish a Supreme Court, and a Court of Exchequer, for the Dominion of Canada, which prescribed the eligibility requirements for judicial appointment to the Supreme Court, being current membership of the Quebec bar, which is a law that was well known to many, resulting in unfair and tragic consequences to Justice Nadon, both professionally and personally.
After debate,
The Honourable Senator Cools, for the Honourable Senator McCoy, moved, seconded by the Honourable Senator Furey, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Demers:
That when the Senate adjourns today, it do stand adjourned until Monday, June 16, 2014, at 6 p.m. and that rule 3- 3(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Summary of the Corporate Plan for 2014-2018 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-572.
Reports of the Economic Development Agency of Canada for the Regions of Quebec for the fiscal year ended March 31, 2014, 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. 2/41-573.
Reports of the Office of Infrastructure of Canada for the fiscal year ended March 31, 2014, 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. 2/41-574.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Nancy Ruth:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 12:32 p.m. the Senate was continued until Monday, June 16, 2014 at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Sibbeston replaced the Honourable Senator Baker, P.C. (June 12, 2014).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Downe replaced the Honourable Senator Jaffer (June 12, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator MacDonald replaced the Honourable Senator Plett (June 12, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator MacDonald replaced the Honourable Senator White (June 12, 2014).