Journals of the Senate
2nd Session, 41st Parliament
Issue 100
Thursday, November 27, 2014
1:30 p.m.
The Honourable Pierre Claude Nolin, Speaker
The Members convened were:
The Honourable Senators
Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, Merchant, Meredith, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Wallace, Watt, White
The Members in attendance to business were:
The Honourable Senators
Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, *McIntyre, Merchant, Meredith, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Wallace, Watt, 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.
INTRODUCTION OF THE SPEAKER
The Honourable the Speaker took the Clerk's chair.
The Honourable the Speaker rose and informed the Senate that a Commission had been issued under the Great Seal of Canada appointing him Speaker of the Senate.
The said Commission was then read by the Clerk of the Senate, as follows:
CANADA
David Johnston
(G.S.)
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
The Honourable Pierre Claude Nolin,
A Member of the Senate,
GREETING:
KNOW YOU, that reposing special trust and confidence in your loyalty, integrity and ability, We have constituted and appointed, and We do hereby constitute and appoint you,
PIERRE CLAUDE NOLIN
SPEAKER OF THE SENATE.
TO HAVE, hold, exercise and enjoy the said office of Speaker of the Senate, unto you, Pierre Claude Nolin, with all the powers, rights, authority, privileges, profits, emoluments and advantages unto that office of right and by law appertaining during Our Pleasure.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this twenty-seventh day of November in the year of Our Lord two thousand and fourteen and in the sixty-third year of Our Reign.
BY COMMAND,
JAMES MOORE
Registrar General of Canada
PETER MACKAY
Attorney General of Canada
Ordered, That the Mace be carried before the Honourable the Speaker.
The Honourable the Speaker took the Chair at the foot of the Throne, to which he was conducted by the Honourable Senator Carignan, P.C., and the Honourable Senator Cowan.
The Mace was then laid upon the Table.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
Document entitled: Reducing Participation in the Underground Economy, Canada Revenue Agency 2014-2015 to 2017-2018. —Sessional Paper No. 2/41-969.
Presenting or Tabling Reports from Committees
The Honourable Senator Neufeld, Chair of the Standing Senate Committee on
Energy, the Environment and Natural Resources, tabled its eighth report (Subject
matter of Bill C-43 (Divisions 3, 28, and 29 of Part 4)).—Sessional Paper
No. 2/41-970S.
(Pursuant to the order adopted on October 30, 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 Ogilvie, Chair of the Standing Senate Committee on
Social Affairs, Science and Technology, tabled its sixteenth report (Subject
matter of Bill C-43 (Divisions 5, 7, 17, 20, and 24 of Part 4)).—Sessional
Paper No. 2/41-971S.
(Pursuant to the order adopted on October 30, 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 Gerstein, Chair of the Standing Senate Committee on
Banking, Trade and Commerce, tabled its sixth report (Subject matter of Bill
C-43 (Divisions 9, 12, 18, 22, 26, and 27 of Part 4)).—Sessional Paper No.
2/41-972S.
(Pursuant to the order adopted on October 30, 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 Dawson, Chair of the Standing Senate Committee on
Transport and Communications, tabled its eighth report (Subject matter of
Bill C-43 (Divisions 2, 6, 10, 11, 16, and 21 of Part 4)).—Sessional Paper
No. 2/41-973S.
(Pursuant to the order adopted on October 30, 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 thirteenth report (Supplementary Estimates (B) 2014-2015).—Sessional Paper No. 2/41-974S.
The Honourable Senator Day moved, seconded by the Honourable Senator Mitchell, 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 Dawson, Chair of the Standing Senate Committee on Transport and Communications, presented its ninth report (Bill C-3, An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts, without amendment).
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, 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 Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its seventeenth report (Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, without amendment).
The Honourable Senator McInnis moved, seconded by the Honourable Senator White, 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 Runciman, Chair of the Standing Senate Committee on
Legal and Constitutional Affairs, tabled its eighteenth report (Subject
matter of Bill C-43 (Division 4 of Part 4)).—Sessional Paper No. 2/41-975S.
(Pursuant to the order adopted on October 30, 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 Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled its nineteenth report concerning Proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect, tabled in the Senate on May 15, 2014.—Sessional Paper No. 2/41-976S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Beyak, for the second reading of Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other 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 Ataullahjan moved, seconded by the Honourable Senator Meredith, that the bill be referred to the Standing Senate Committee on Human Rights.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Dagenais, Doyle, Eaton, Enverga, Frum, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, McInnis, Meredith, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Wallace, White—41
NAYS
The Honourable Senators
Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Hervieux-Payette, Jaffer, Joyal, Lovelace Nicholas, McCoy, Merchant, Mitchell, Moore, Munson, Ringuette, Rivest, Sibbeston, Tardif—24
ABSTENTIONS
The Honourable Senators
Nil
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
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, December 2, 2014 at 2 p.m.
The question being put on the motion, it was adopted, on division.
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 and 2 were called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Meredith, for the adoption of the ninth report of the Standing Senate Committee on Human Rights (Bill S-219, An Act respecting a national day of commemoration of the exodus of Vietnamese refugees and their acceptance in Canada after the fall of Saigon and the end of the Vietnam War, with amendments), presented in the Senate on November 20, 2014.
The question being put on the motion, it was adopted.
The Honourable Senator Ngo moved, seconded by the Honourable Senator Enverga, that the bill, as amended, 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.
Senate Public Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Segal, for the second reading of Bill S-216, An Act to amend the Divorce Act (shared parenting plans).
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.
° ° °
Order No. 4 was called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 and 2 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. 55, 9 and 56 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 question being put on the motion, it was adopted.
° ° °
Orders No. 60 and 66 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Jaffer:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to:
Review the temporary foreign workers program and the possible abuse of the system through the hiring of foreign workers to replace qualified and available Canadian workers;
Review the criteria and procedure to application assessment and approval;
Review the criteria and procedure for compiling a labour market opinion;
Review the criteria and procedure for assessing qualifications of foreign workers;
Review interdepartmental procedures and responsibilities regarding foreign workers in Canada;
Provide recommendations to ensure that the program cannot be abused in any way that negatively affects Canadian workers; and
That the Committee submit its final report no later than March 31, 2015, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-1001, An Act to amend the Eastern Synod of the Evangelical Lutheran Church in Canada Act,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
ORDERS OF THE DAY
OTHER BUSINESS
Motions
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,
With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:
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 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.
The Honourable Senator Seidman moved, seconded by the Honourable Senator Greene, that further debate on the motion, as modified, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 47, 74, 79 and 62 were called and postponed until the next sitting.
Inquiries
Orders No. 10, 13, 16, 29, 26, 44, 14, 42, 43, 20, 41, 34, 36, 27, 33, 15, 17, 18, 19, 21 and 28 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Ringuette:
That the Standing Senate Committee on Human Rights have the power to sit at 1 p.m. on Wednesday, December 10, 2014, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
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 4:19 p.m. the Senate was continued until Tuesday, December 2, 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 Maltais replaced the Honourable Senator Plett (November 27, 2014).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Lang (November 27, 2014).
The Honourable Senator Maltais replaced the Honourable Senator Eaton (November 27, 2014).
The Honourable Senator Lang replaced the Honourable Senator Tkachuk (November 27, 2014).
The Honourable Senator Eaton replaced the Honourable Senator Maltais (November 27, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator McIntyre replaced the Honourable Senator Rivard (November 27, 2014).
The Honourable Senator Rivard replaced the Honourable Senator McIntyre (November 26, 2014).
The Honourable Senator McIntyre replaced the Honourable Senator Raine (November 26, 2014).
Standing Senate Committee on National Finance
The Honourable Senator Boisvenu replaced the Honourable Senator Mockler (November 27, 2014).
The Honourable Senator Black replaced the Honourable Senator Wells (November 27, 2014).
The Honourable Senator Wells replaced the Honourable Senator Neufeld (November 27, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Verner, P.C., replaced the Honourable Senator Martin (November 27, 2014).