Journals of the Senate
2nd Session, 41st Parliament
Issue 94
Thursday, November 6, 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, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Day, Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Neufeld, Ngo, Nolin, Ogilvie, Patterson, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, *Dawson, Day, *Demers, Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, 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, Neufeld, Ngo, Nolin, Ogilvie, Patterson, *Plett, Poirier, Raine, Ringuette, Rivard, Rivest, 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
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:32 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
November 5, 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 5th day of November, 2014, at 5:26 p.m.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Wednesday, November 5, 2014
An Act to amend the Criminal Code (trafficking in contraband tobacco) (Bill 10, Chapter 23, 2014)
An Act to amend the Food and Drugs Act (Bill C-17, Chapter 24, 2014)
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 (Bill C-36, Chapter 25, 2014)
An Act respecting a National Hunting, Trapping and Fishing Heritage Day (Bill C-501, Chapter 26, 2014)
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
Government Response to the sixth report of the Standing Senate Committee on
Agriculture and Forestry, entitled: Innovation in Agriculture: The Key to
Feeding a Growing Population, tabled in the Senate on June 18,
2014.—Sessional Paper No. 2/41-935S.
(Pursuant to rule 12-24(4), the report and the response were deemed referred
to the Standing Senate Committee on Agriculture and Forestry)
Government Response to the tenth report of the Standing Senate Committee on National Security and Defence, entitled: Canada and Ballistic Missile Defence: Responding to the Evolving Threat, tabled in the Senate on June 16, 2014.—Sessional Paper No. 2/41-936S. (Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on National Security and Defence)
Supplementary Estimates (B) 2014-2015.—Sessional Paper No. 2/41-937.
Departmental Performance Reports for the fiscal year ended March 31, 2014:
Aboriginal Affairs and Northern Development Canada and Canadian Polar Comission
Agriculture and Agri-Food Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Economic Development Agency for Quebec Regions
Canada Industrial Relations Board
Canada Revenue Agency
Canada School of Public Service
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Trade Tribunal
Canadian Northern Economic Development Agency
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Commission for Public Complaints Against the Royal Canadian Mounted Police
Copyright Board Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Department of Justice Canada
Employment and Social Development Canada
Environment Canada
Federal Economic Development Agency for Southern Ontario
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Foreign Affairs, Trade and Development Canada
Health Canada
Immigration and Refugee Board of Canada
Industry Canada
Infrastructure Canada
Library and Archives Canada
Military Grievances External Review Committee
Military Police Complaints Commission of Canada
National Defence
National Energy Board
National Film Board
National Research Council of Canada
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs Canada
Office of the Commissioner of Lobbying Canada
Office of the Commissioner of Official Languages
Office of the Communications Security Establishment Commissioner
Office of the Correctional Investigator Canada
Office of the Information Commissioner of Canada
Office of the Privacy Commissioner of Canada
Office of the Public Sector Integrity Commissioner of Canada
Office of the Superintendent of Financial Institutions Canada
Parks Canada
Parole Board of Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Health Agency of Canada
Public Prosecution Service of Canada
Public Safety Canada
Public Servants Disclosure Protection Tribunal Canada
Public Service Commission of Canada
Public Service Labour Relations Board
Public Service Staffing Tribunal
Public Works and Government Services Canada
RCMP External Review Committee
Registry of the Competition Tribunal
Registry of the Specific Claims Tribunal of Canada
Royal Canadian Mounted Police
Security Intelligence Review Committee
Shared Services Canada
Social Sciences and Humanities Research Council
Statistics Canada
Status of Women Canada
Supreme Court of Canada
The National Battlefields Commission
Transport Canada
Transportation Appeal Tribunal of Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Veterans Review and Appeal Board
Western Economic Diversification Canada.—Sessional Paper No. 2/41-938.
Presenting or Tabling Reports from Committees
The Honourable Senator Tkachuk, Member of the Standing Senate Committee on Banking, Trade and Commerce, presented its fifth report (Bill S-1001, An Act to amend the Eastern Synod of the Evangelical Lutheran Church in Canada Act, without amendment).
The Honourable Senator Johnson moved, seconded by the Honourable Senator Andreychuk, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (B) for the fiscal year ending March 31, 2015.
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 Fortin-Duplessis, seconded by the Honourable Senator Maltais, for the third reading of Bill C-6, An Act to implement the Convention on Cluster Munitions.
After debate,
The question being put on the motion, 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.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Poirier:
That all proceedings to date on Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, be declared null and void.
After debate,
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-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, 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 Marshall, 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.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Poirier:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, November 18, 2014 at 2 p.m.
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
Order No. 1 was called and postponed until the next sitting.
° ° °
Third reading of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.
The Honourable Senator Ngo moved, seconded by the Honourable Senator Marshall, that the bill be read the third time.
After debate,
The Honourable Senator Lovelace Nicholas, for the Honourable Senator Dyck, moved, seconded by the Honourable Senator Moore, 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 5 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 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
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,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Hervieux- Payette, P.C.
° ° °
Orders No. 60, 66, 73, 8, 47, 74, 79, 62, 55, 9 and 56 were called and postponed until the next sitting.
Inquiries
Orders No. 14, 42, 43, 20, 41, 34, 36, 27, 33, 15, 17, 18, 19, 21, 28, 10, 13, 16 and 29 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the well- documented connection between health and poverty, and to the pressing need to alleviate the burden poverty places on our healthcare system and on millions of Canadians.
After debate,
With leave of the Senate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Moore, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson:
That the Standing Senate Committee on Foreign Affairs and International Trade have the power to sit at 3:30 p.m. on Tuesday, November 18, 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.
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 Canadian and British peace of mind, freed from the fear and sorrow of the possible sacrifice of their beloved sons to war, so soon again, and, to their "blessed relief," and, to Canadian unanimity in support of their Prime Minister Mackenzie King's stand against war at Chanak, and, to Canadian events, and, to Canadians such as John Wesley Dafoe, the great journalist-editor of the Manitoba Free Press, later the Winnipeg Free Press, who had attended the 1919 Allies' Paris Peace Conference with Prime Minister Robert Borden's Canadian delegation, and, who had supported Canada's position on Chanak, and, who had strenuously opposed Prime Minister Lloyd George's demands to the Dominions and Canada to send troops there, and, to John Dafoe's brilliant account of Canadians and the Canadian Government's desire to live without war against people who had done them no harm, and, to his historic Manitoba Free Press article, titled, The Rise of the Commonwealth Dominion Responsibility For External Affairs, and, to Canada's influence on British politics and the other Dominions, and, to Canada's firm, principled, and vindicated position not to send Canadian troops to the Dardenelles, at Chanak, and, to Canadian-born British Prime Minister Andrew Bonar Law's negotiated and lasting peace with Turkey, in the Treaty of Lausanne, that is still in force, and, to the profound truth that the greatest act of peace is simply to make no unnecessary war, and, to make absolutely no war, for the purpose, that is the pursuit of ambition.
After debate,
The Honourable Senator Martin, for the Honourable Senator Meredith, moved, seconded by the Honourable Senator Marshall, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
At 3:47 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 4:48 p.m. the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:49 p.m. the Honourable the Speaker Pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
November 6, 2014
Mr. Speaker:
I have the honour to inform you that Mr. Stephen Wallace, Secretary to the Governor General, in his capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 6th day of November, 2014, at 4:20 p.m.
Yours sincerely,
Patricia Jaton
Deputy Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, November 6, 2014
An Act to implement the Convention on Cluster Munitions (Bill C-6, Chapter 27, 2014)
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report of Canada Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2014, pursuant to the Canada Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No. 2/41-931.
The Federal Sustainable Development Strategy for 2014, pursuant to the Federal Sustainable Development Act, S.C. 2008, c. 33, sbs. 10(2).—Sessional Paper No. 2/41-932.
Report on the Marine Liability Act (Part 5, Liability for the Carriage of Goods by Water), pursuant to the Marine Liability Act, S.C. 2001, c. 6, s. 44.—Sessional Paper No. 2/41-933.
Summaries of the Corporate Plan for the period 2014-2015 to 2018-2019 and of the Capital and Operating Budgets for 2014-2015 of the Canadian Air Transport Security Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-934.
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 4:51 p.m. the Senate was continued until Tuesday, November 18, 2014 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Mockler (November 5, 2014).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Raine replaced the Honourable Senator Oh (November 6, 2014).
The Honourable Senator Rivard replaced the Honourable Senator Verner, P.C. (November 6, 2014).
The Honourable Senator Eaton replaced the Honourable Senator Housakos (November 6, 2014).
The Honourable Senator Beyak replaced the Honourable Senator Demers (November 6, 2014).
The Honourable Senator Verner, P.C., replaced the Honourable Senator Wells (November 6, 2014).
The Honourable Senator Oh replaced the Honourable Senator Beyak (November 6, 2014).
The Honourable Senator Housakos replaced the Honourable Senator Wallace (November 6, 2014).
The Honourable Senator Demers replaced the Honourable Senator Poirier (November 6, 2014).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Cordy replaced the Honourable Senator Charette-Poulin (November 5, 2014).