Journals of the Senate
2nd Session, 41st Parliament
Issue 92
Tuesday, November 4, 2014
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Eaton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Eaton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, 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 Senator Martin tabled the following:
2014 Annual Report to Parliament on Immigration, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 94(1).—Sessional Paper No. 2/41-928.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That the Address of His Excellency François Hollande, President of the French Republic, to Members of both Houses of Parliament, delivered Monday, November 3, 2014, together with all introductory and related remarks be printed as an Appendix to the Debates of the Senate of this day and form part of the permanent records of this House.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate,
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Lang:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5 p.m. on Tuesday, November 4, 2014, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Maltais moved, seconded by the Honourable Senator Dagenais:
That the Standing Senate Committee on Agriculture and Forestry have the power to sit at 5 p.m. on Tuesday, November 4, 2014, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
With leave of the Senate,
The Honourable the Speaker tabled the following:
Letter from the Speaker of the House of Commons to the Speaker of the Senate, dated October 30, 2014, concerning Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts.—Sessional Paper No. 2/41-929S.
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of 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.
The Honourable Senator Batters moved, seconded by the Honourable Senator Beyak, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Jaffer moved, seconded by the Honourable Senator Smith, P.C. (Cobourg), that Bill C-36 be not now read a third time, but that it be amended
(a) on page 7,
(i) in clause 14, by deleting lines 11 and 12 and the heading before line 13, and
(ii) in clause 15, by replacing lines 13 to 34 with the following:
"15. Section 213 of the Act and the heading before it are repealed.'';
(b) on page 8, in clause 17, by replacing line 19 with the following:
"(a) by striking out the reference to "212, 213,'';''; and
(c) on page 14, in clause 22, by replacing line 39 with the following:
"(a) by striking out the reference to "212, 213,'';''.
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, Cowan, Dawson, Day, Downe, Fraser, Furey, Jaffer, Joyal, Lovelace Nicholas, Massicotte, McCoy, Merchant, Mitchell, Moore, Munson, Ringuette, Robichaud, Smith (Cobourg), Watt—24
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Beyak, Boisvenu, Carignan, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells, White—49
ABSTENTIONS
The Honourable Senators
Nolin—1
The question then being put on the motion of the Honourable Senator Batters, seconded by the Honourable Senator Beyak, for the third reading of 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, 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.
° ° °
Third reading of Bill C-6, An Act to implement the Convention on Cluster Munitions.
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Maltais, that the bill be read the third time.
After debate,
The Honourable Senator Fraser 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.
Bills — Second Reading
Orders No. 1 to 3 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 5 were called and postponed until the next sitting.
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,
The Honourable Senator McCoy moved, seconded by the Honourable Senator Cools, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 and 3 were 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. 60, 66, 73, 8, 47, 74, 79, 62 and 55 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Seth, seconded by the Honourable Senator Plett:
That the Senate recognize the second week of May as "International Maternal, Newborn, and Child Health Week'', with the goal of engaging Canadians on the health issues affecting mothers, newborns, and children in Canada and around the world; reducing maternal and infant mortality; improving the health of mothers and children in the world's poorest countries; promoting equal access to care to women and children living in households of lower socioeconomic status, those with lower levels of education, those living at or below the low-income cut-off, those who are newcomers, and those groups who live in remote and sparsely populated areas of Canada; and preventing thousands of mothers and children from unnecessarily dying from preventable illnesses or lack of adequate health care during pregnancy, childbirth and infancy.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Hervieux-Payette, P.C., 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.
° ° °
Orders No. 9 and 56 were called and postponed until the next sitting.
Inquiries
Orders No. 20, 41, 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.
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 two exceptional soldiers and human beings, who fought on opposite sides of the Great War, both of whom, were distinguished generals and accomplished military men, being General Charles Harington, the British Commander in Chief of the Allied occupation army in Constantinople, and the Turkish General, Mustafa Kemal, the Commander of the Turkish peoples' brave national resistance to the Sèvres Treaty's detachment and partition of the Turkish peoples' lands, to give these lands to some of the Allies who so desired them, and, to these two Commanders' respective troops, assembled, battle ready, and awaiting orders for the start of hostilities in October 1922, at Chanak in the Dardenelles, and, to fate, which joined these two commanders there, and, to their determination to avoid unnecessary bloodshed, and, to their remarkable contribution to British, Turkish and world peace, and, to their will to not spend their soldiers' lives in folly, and, to reach the honourable, the just and the true, by their negotiated armistice, agreed and signed on, October 11, 1922 as the Armistice of Mudanya, and, to Canadian born, Andrew Bonar Law who became Prime Minister of Britain on October 23, 1922, and who served for seven months, and who passed away on October 30, 1923, and, to his great commitment to the British-Turkish peace in what the British, the Dominions and Canadians called the Chanak Crisis or the Chanak Affair.
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 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 the unique political events, just four years after the Great War, known as the 1922 Chanak Crisis, or Chanak Affair, in which Canadian and British politics met in Canada's firm stand for its constitutional autonomy in its foreign affairs, war and peace, and, to Canada's Prime Minister, the Liberal, Mackenzie King's nationally supported refusal to yield to British Prime Minister David Lloyd George and his Colonial Secretary Winston Churchill's persistent demands for Canadian troops to fight a new war at Chanak, now Çanakkale, the tiny Turkish Dardenelles seaport, and, to this new war, wholly unwanted by Canadians and the British, still war-weary, and still mourning their fallen sons, and, to this looming war, the inexorable result of Prime Minister Lloyd George's unjust, inoperative and stillborn Sèvres Treaty, the peace treaty that began with war, and, its humiliating peace terms which would put the Turkish peoples out of their ancient lands in Eastern Thrace and Anatolia, and, to their successful nationalist resistance to this injustice, and, to Canada's role in the lasting peace that avoided this unnecessary and unwanted Chanak war, and, to British politics by which a single vote of the Conservative Caucus prompted the very necessary resignation of Prime Minister Lloyd George and his Liberal Coalition Government, and, to the ascendancy of Canadian born British Prime Minister, Bonar Law, who himself had lost two sons to the Great War, and who was then the most respected man in Great Britain, and, to his Near East policy of peace.
After debate,
The Honourable Senator Meredith moved, seconded by the Honourable Senator Stewart Olsen, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Copy of the Regulations amending the Special Economic Measures (South Sudan) Regulations (P.C. 2014-1116) and the Special Economic Measures Permit Authorization Order (P.C. 2014-1117), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 2/41-924.
Agreements for RCMP policing services (First Nations Community Policing Service) for the provinces of Newfoundland and Labrador and British Columbia, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/41-925.
Actuarial Report (including certification of assets) on the Regular Force Death Benefit Account as at March 31, 2013, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, s. 71(1).—Sessional Paper No. 2/41- 926.
Actuarial Report (including the certificate of assets) on the Pension Plan for the Members of Parliament for the fiscal year ended March 31, 2013, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c.13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 2/41-927.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Johnson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:25 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 Aboriginal Peoples
The Honourable Senator Watt replaced the Honourable Senator Dyck (November 3, 2014).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Beyak (October 30, 2014).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Frum replaced the Honourable Senator Patterson (November 3, 2014).
The Honourable Senator Tannas replaced the Honourable Senator Black (November 3, 2014).
The Honourable Senator Boisvenu replaced the Honourable Senator McIntyre (October 30, 2014).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Ataullahjan replaced the Honourable Senator Wells (November 4, 2014).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Charette-Poulin replaced the Honourable Senator Cordy (November 4, 2014).
The Honourable Senator Verner, P.C., replaced the Honourable Senator Lang (November 3, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Boisvenu replaced the Honourable Senator Mockler (October 30, 2014).
Standing Senate Committee on National Finance
The Honourable Senator McIntyre replaced the Honourable Senator Rivard (November 4, 2014).
The Honourable Senator Rivard replaced the Honourable Senator Maltais (November 4, 2014).
The Honourable Senator Maltais replaced the Honourable Senator Rivard (November 3, 2014).
Standing Senate Committee on Official Languages
The Honourable Senator Seidman replaced the Honourable Senator Wells (November 4, 2014).
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator McInnis (November 4, 2014).
The Honourable Senator Wells replaced the Honourable Senator Seidman (November 3, 2014).
The Honourable Senator McInnis replaced the Honourable Senator Fortin-Duplessis (November 3, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Joyal, P.C., replaced the Honourable Senator Munson (November 4, 2014).
The Honourable Senator Massicotte replaced the Honourable Senator Eggleton, P.C. (November 4, 2014).