Journals of the Senate
2nd Session, 41st Parliament
Issue 91
Thursday, October 30, 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, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, 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, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, 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
Tabling of documents
The Honourable the Speaker tabled the following:
Annual Report of the Office of the Privacy Commissioner of Canada for the year ended March 31, 2014, entitled: Transparency and Privacy in the Digital Age, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, s. 38.—Sessional Paper No. 2/41-918.
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The Honourable Senator Martin tabled the following:
Public Accounts of Canada for the fiscal year ended March 31, 2014, as follows: (1) Volume I — Summary Report and Consolidated Financial Statements, (2) Volume II — Details of Expenses and Revenues, (3) Volume III—Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1).—Sessional Paper No. 2/41-919.
Presenting or Tabling Reports from Committees
The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its fifteenth report (Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts, without amendment).
The Honourable Senator Batters moved, seconded by the Honourable Senator Nancy Ruth, 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.
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The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled its sixteenth report (Unauthorized disclosure of confidential committee documents, pursuant to Appendix IV of the Rules of the Senate).—Sessional Paper No. 2/41-920S.
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The Honourable Senator Patterson, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its seventh report (Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement, without amendment).
The Honourable Senator Patterson moved, seconded by the Honourable Senator Runciman, 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.
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The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its seventh report (Bill C-6, An Act to implement the Convention on Cluster Munitions, without amendment).
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-41, An Act to implement the Free Trade Agreement between Canada and the Republic of Korea, 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 Greene, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Hervieux-Payette, P.C., introduced a Bill S-224, An Act respecting National Seal and Seafood Products Day.
The bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-520, An Act supporting non-partisan offices of agents of Parliament, 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 Poirier, 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 McIntyre tabled the following:
Report of the Delegation of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Cooperation and Development Committee of the APF, held in Lomé, Togo, from April 14 to 16, 2014. —Sessional Paper No. 2/41-921.
Report of the Delegation of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Political Committee of the APF, held in Libreville, Gabon, on April 15 and 16, 2014.—Sessional Paper No. 2/41-922.
Report of the Delegation of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Meeting of the Parliamentary Affairs Committee of the APF, held in Hanoi, Vietnam, from April 27 to 29, 2014.—Sessional Paper No. 2/41-923.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Tkachuk:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, November 4, 2014 at 2 p.m.
The question being put on the motion, it was adopted.
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The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
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-43, A second 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 October 23, 2014, in advance of the said bill coming before the Senate;
That the Standing Senate Committee on National Finance be authorized to meet for the purposes of its study of the subject matter of Bill C-43 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-43 in advance of it coming before the Senate:
(a) the Standing Senate Committee on Banking, Trade and Commerce: those elements contained in Divisions 1, 9, 12, 18, 22, 26, and 27 of Part 4;
(b) the Standing Senate Committee on Transport and Communications: those elements contained in Divisions 2, 6, 10, 11, 16, and 21 of Part 4;
(c) the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Divisions 5, 7, 17, 19, 20, and 24 of Part 4;
(d) the Standing Senate Committee on Energy, the Environment and Natural Resources: those elements contained in Divisions 3, 28, and 29 of Part 4; and
(e) the Standing Senate Committee on Foreign Affairs and International Trade: those elements contained in Division 15 of Part 4;
2. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-43 submit their final reports to the Senate no later than November 27, 2014;
3. As the reports from the various committees authorized to examine the subject matter of particular elements of Bill C-43 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-43.
With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:
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-43, A second 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 October 23, 2014, in advance of the said bill coming before the Senate;
That the Standing Senate Committee on National Finance be authorized to meet for the purposes of its study of the subject matter of Bill C-43 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-43 in advance of it coming before the Senate:
(a) the Standing Senate Committee on Banking, Trade and Commerce: those elements contained in Divisions 9, 12, 18, 22, 26, and 27 of Part 4;
(b) the Standing Senate Committee on Transport and Communications: those elements contained in Divisions 2, 6, 10, 11, 16, and 21 of Part 4;
(c) the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Divisions 5, 7, 17, 20, and 24 of Part 4;
(d) the Standing Senate Committee on Energy, the Environment and Natural Resources: those elements contained in Divisions 3, 28, and 29 of Part 4;
(e) the Standing Senate Committee on Foreign Affairs and International Trade: those elements contained in Division 15 of Part 4; and
(f) the Standing Senate Committee on Legal and Constitutional Affairs: those elements contained in Division 4 of Part 4;
2. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-43 submit their final reports to the Senate no later than November 27, 2014;
3. As the reports from the various committees authorized to examine the subject matter of particular elements of Bill C-43 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-43.
After debate,
In amendment, the Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that the motion, as modified, be not now adopted but that it be amended:
A. By adding, after the first paragraph, the following new paragraph:
"That the Standing Senate Committee on National Finance submit its final report on the subject matter of all of Bill C-43 to the Senate no later than December 4, 2014;'';
B. by replacing, in point one, paragraph (c) by the following:
"(c) the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Divisions 5, 7, 20, and 24 of Part 4;''; and
C. by replacing, in point one, paragraph (f) by the following:
"(f) the Standing Senate Committee on Legal and Constitutional Affairs: those elements contained in Divisions 4 and 17 of Part 4;''.
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question was then put on the motion, as modified, of the Honourable Senator Martin, seconded by the Honourable Senator Marshall:
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-43, A second 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 October 23, 2014, in advance of the said bill coming before the Senate;
That the Standing Senate Committee on National Finance be authorized to meet for the purposes of its study of the subject matter of Bill C-43 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-43 in advance of it coming before the Senate:
(a) the Standing Senate Committee on Banking, Trade and Commerce: those elements contained in Divisions 9, 12, 18, 22, 26, and 27 of Part 4;
(b) the Standing Senate Committee on Transport and Communications: those elements contained in Divisions 2, 6, 10, 11, 16, and 21 of Part 4;
(c) the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Divisions 5, 7, 17, 20, and 24 of Part 4;
(d) the Standing Senate Committee on Energy, the Environment and Natural Resources: those elements contained in Divisions 3, 28, and 29 of Part 4;
(e) the Standing Senate Committee on Foreign Affairs and International Trade: those elements contained in Division 15 of Part 4; and
(f) the Standing Senate Committee on Legal and Constitutional Affairs: those elements contained in Division 4 of Part 4;
2. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-43 submit their final reports to the Senate no later than November 27, 2014;
3. As the reports from the various committees authorized to examine the subject matter of particular elements of Bill C-43 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-43.
The motion as modified, was adopted, on division.
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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
Order No. 1 was called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Plett, for the third reading of Bill C-266, An Act to establish Pope John Paul II Day.
After debate,
The Honourable Senator Merchant moved, seconded by the Honourable Senator Cordy, 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 3 were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Mercer, for the second reading of Bill S-222, An Act to amend the Canada Border Services Agency Act (Inspector General of the Canada Border Services Agency) and to make consequential amendments to other Acts.
After debate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, 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
Resuming debate on the motion of the Honourable Senator Maltais, seconded by the Honourable Senator McIntyre, for the second reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations).
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Cowan.
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Order No. 2 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Orders No. 66, 73, 8, 47, 74, 79, 62, 55, 69, 9 and 56 were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Robichaud, P.C.:
That the Senate urges the Government to take the necessary measures to establish a National Commission for the 150th Anniversary of Confederation charged with the responsibility of preparing and implementing celebrations, projects and initiatives across the country to mark the 150th anniversary of Confederation during the year 2017. Further, the Senate urges that the membership of this commission include representatives from all the provinces and territories and that, in addition to any budget voted by Parliament, the commission be able to receive contributions from Canadians.
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Martin, 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. 34, 36, 27, 33, 15, 17, 18, 19, 21, 28, 10, 13, 16, 29, 26 and 14 were called and postponed until the next sitting.
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Resuming debate on the inquiry of the Honourable Senator Nolin, calling the attention of the Senate to the activities of some Senators in promoting and defending causes that concern public interest.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, 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 Cools called the attention of the Senate to November 11, known to all as Remembrance Day, of this, the centennial year of the July 28 start of hostilities in the 1914-1918 Great War, which day is given to the national and collective mourning of Canadians, on which we remember and honour the many who served and who fell in the service of God, King and Country, and, whose incalculable sacrifice of their lives, we honour in our simultaneous yet individual, personal acts of prayer and remembrance, wherein we pause and bow our heads together in sacred unity, at the eleventh hour, of the eleventh day, of the eleventh month, for the many who gave themselves, and:
To those who served in World War I, with its stupendous sacrifices, its massive mobilisation and fielding of millions of men, on all sides, and to its enormous casualties and losses of life, and, to our young country's noble contribution to this far away overseas War, of 620,000 men, being ten percent of Canada's then population, and, to our 60,661 fallen, being ten percent of those serving, and, to Canada's Prime Minister, the Conservative, Robert Borden's success in earning Canada's representation at the 1919 Allies' Paris Peace Conference, and, to his and his Ministers' presence there, and, to the respect he earned for Canadian contribution to the war, and for Canada's control of its foreign affairs, wars and peace, and, to the changing relations between the Allied leaders, and, to their changing politics at home, and, to Canadians at home and abroad, particularly the Canadian-born British Prime Minister, Andrew Bonar Law and the Canadian Max Aitken, known as Lord Beaverbrook, both of whom were active in British politics in these events, and who endeavoured, in 1922, to avoid a new war at Chanak, in the Turkish Dardenelles.
After debate,
The Honourable Senator Marshall moved, seconded by the Honourable Senator Poirier, 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 Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:04 p.m. the Senate was continued until Tuesday, November 4, 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 Unger replaced the Honourable Senator Bellemare (October 29, 2014).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Beyak replaced the Honourable Senator Tkachuk (October 30, 2014).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator McIntyre replaced the Honourable Senator Boisvenu (October 29, 2014).
The Honourable Senator Mitchell replaced the Honourable Senator Day (October 29, 2014).
The Honourable Senator Black replaced the Honourable Senator Tannas (October 29, 2014).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Campbell replaced the Honourable Senator Fraser (October 29, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Tannas replaced the Honourable Senator Frum (October 30, 2014).
The Honourable Senator Mockler replaced the Honourable Senator Boisvenu (October 30, 2014).
The Honourable Senator Frum replaced the Honourable Senator Patterson (October 30, 2014).
The Honourable Senator Boisvenu replaced the Honourable Senator Lang (October 30, 2014).
The Honourable Senator Lang replaced the Honourable Senator Boisvenu (October 29, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Beyak replaced the Honourable Senator Enverga (October 29, 2014).