Journals of the Senate
2nd Session, 41st Parliament
Issue 107
Thursday, December 11, 2014
1:30 p.m.
The Honourable Pierre Claude Nolin, 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, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, 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, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, 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:
Annual Report of the Mental Health Commission of Canada, entitled: Together We Accelerate the Change: Taking Action on the Mental Health Strategy for Canada, for the year 2013-2014. —Sessional Paper No. 2/41-1007.
Document entitled Next Generation Fighter Capability — Annual Update (2014).—Sessional Paper No. 2/41-1008.
Document entitled Canadian Industrial Participation in the F-35 Joint Strike Fighter Program (Fall 2014).—Sessional Paper No. 2/41-1009.
Document entitled Next Generation Fighter Capability: Independent Review of Life Cycle Cost (November 2014). —Sessional Paper No. 2/41-1010.
Presenting or Tabling Reports from Committees
The Honourable Senator Jaffer, Chair of the Standing Senate Committee on Human Rights, presented its tenth report (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, without amendment but with observations).
(The report is printed as Appendix "A'' at pages 1470-1471 (available in print format PDF).)
The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Meredith, 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 Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its seventeenth report (Bill C-442, An Act respecting a Federal Framework on Lyme Disease, 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.
° ° °
The Honourable Senator Gerstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its eighth report (budget—study on digital currency—power to hire staff and to travel).
(The report is printed as Appendix "B'' at pages 1472-1479 (available in print format PDF).)
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, 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 tenth report (budget—release of additional funds (study on the challenges faced by the Canadian Broadcasting Corporation—power to travel)).
(The report is printed as Appendix "C'' at pages 1480-1481 (available in print format PDF).)
The Honourable Senator Dawson moved, seconded by the Honourable Senator Eggleton, P.C., 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 Manning, Chair of the Standing Senate Committee on Fisheries and Oceans, presented its seventh report (supplementary budget—study on regulation of aquaculture, current challenges and future prospects for the industry in Canada).
(The report is printed as an Appendix "D'' at pages 1482-1487 (available in print format PDF).)
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith, 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.
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 30th Regional Assembly of the America Region of the APF, held in Toronto, Ontario, from August 4 to 8, 2014.—Sessional Paper No. 2/41-1011.
Report of the Canadian of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the XXVII Session of the Europe Regional Assembly of the APF, held in Warsaw, Poland, from September 28 to October 1, 2014.—Sessional Paper No. 2/41-1012.
° ° °
The Honourable Senator Nancy Ruth tabled the following:
Report of the Canada—United Kingdom Inter-Parliamentary Association respecting its Bilateral Visit to London and Cardiff Wales, United Kingdom, from January 18 to 25, 2014.—Sessional Paper No. 2/41-1013.
Notices of Motions
With leave of the Senate,
The Honourable Senator Runciman moved, seconded by the Honourable Senator Boisvenu:
That, on Friday, December 12, 2014 for the purposes of its consideration of legislation, the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto.
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-5, An Act to amend the Canada National Parks Act (Nááts'ihch'oh National Park Reserve of Canada),
And to acquaint the Senate that the Commons has passed this bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Second reading of Bill C-47, An Act 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.
The Honourable Senator McIntyre moved, seconded by the Honourable Senator McInnis, that the bill be read the second time.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Smith, P.C. (Cobourg), 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 Stewart Olsen, seconded by the Honourable Senator Ogilvie, for the second reading of Bill C-27, An Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Ogilvie, that the bill be referred to the Standing Senate Committee on National Security and Defence.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
° ° °
Consideration of the sixteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (Subject matter of Bill C-43 (Divisions 5, 7, 17, 20 and 24 of Part 4)), tabled in the Senate on November 27, 2014.
After debate,
The Honourable Senator Cordy moved, seconded by the Honourable Senator Tardif, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
° ° °
Orders No. 3 to 7 were 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.
° ° °
Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Marshall, for the third reading of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement;
And on the motion in amendment of the Honourable Senator Dyck, seconded by the Honourable Senator Mitchell, that Bill C-428 be not now read a third time but that it be amended, in the preamble, on page 1, by replacing line 17 with the following:
"legislation in consultation with the First''.
That Bill C-428 be amended on page 1 by adding after line 24 the following:
"1.1 For greater certainty, nothing in this Act is to be construed so as to abrogate or derogate from the Aboriginal and treaty rights of Aboriginal Peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.''.
That Bill C-428 be amended in clause 2, on page 2, by replacing line 5 with the following:
"And Senate committees responsible for Aboriginal affairs on''
That Bill C-428 be amended in clause 4 on page 2 by deleting line 17 to 24.
That Bill C-428 be amended in clause 14, on page 4, by deleting lines 8 to 12.
That Bill C-428 be amended in clause 15, on page 4, by deleting lines 13 to 15.
That Bill C-428 be amended in clause 16, on page 4, by deleting lines 16 to 20.
That Bill C-428 be amended in clause 17, on page 4, by deleting lines 21 to 29.
That Bill C-428 be amended in clause 18,
(a) on page 4, by deleting lines 30 to 36; and
(b) on page 5, by deleting lines 1 to 4.
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, Cools, Cordy, Cowan, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Kenny, Lovelace Nicholas, Massicotte, Merchant, Mitchell, Moore, Munson, Ringuette, Smith (Cobourg), Tardif—26
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, 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, Ngo, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells, White—50
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Marshall, for the third reading of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.
Pursuant to rule 9-10(4), a standing vote was deferred until the next sitting day after Friday at 5:30 p.m., with the bells to sound at 5:15 p.m. for fifteen minutes.
° ° °
Resuming debate on the motion of the Honourable Senator MacDonald, seconded by the Honourable Senator Wallace, for the third reading of Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence).
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.
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 Rivard, seconded by the Honourable Senator Wallace, for the second reading of Bill C-520, An Act supporting non-partisan offices of agents of Parliament.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Mockler, Nancy Ruth, Ngo, Oh, Patterson, Plett, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells, White—48
NAYS
The Honourable Senators
Campbell, Chaput, Cools, Cordy, Cowan, Dawson, Downe, Dyck, Eggleton, Fraser, Hervieux-Payette, Hubley, Jaffer, Kenny, Lovelace Nicholas, Massicotte, Merchant, Mitchell, Moore, Munson, Ringuette, Smith (Cobourg), Tardif—23
ABSTENTIONS
The Honourable Senators
Day—1
Accordingly, Bill C-520 was then read the second time.
The Honourable Senator Rivard moved, seconded by the Honourable Senator Eaton, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted, on division.
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 4 were called and postponed until the next sitting.
Motions
Orders No. 47, 74, 79, 62, 73, 8, 55, 9, 56, 60 and 66 were called and postponed until the next sitting.
Inquiries
Orders No. 34, 15, 17, 26, 18, 19, 21, 28, 13, 16, 29, 44, 14, 42, 43, 20 and 41 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Cordy, calling the attention of the Senate to sickle cell disease and thalassemic disorder and the importance of screening to identify infants with sickle cell disease and the need for improvement of the management of sickle cell disease and thalassemic disorders in Canada.
After debate,
The Honourable Senator Jaffer 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.
° ° °
Resuming debate on the inquiry of the Honourable Senator Jaffer, calling the attention of the Senate to the persecution of the Rohingya Muslims in Myanmar, and the mandate of Canada's Office of Religious Freedoms.
After debate,
With leave of the Senate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Ringuette, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Dallaire, calling the attention of the Senate to the clear and present links between the genocide in Rwanda and the crisis in the Central African Republic today.
After debate,
With leave of the Senate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Massicotte, 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 Jaffer moved, seconded by the Honourable Senator Ringuette:
That, notwithstanding the order of the Senate adopted on Thursday, February 27, 2014, the date for the final report of the Standing Senate Committee on Human Rights in relation to its examination of international mechanisms toward improving cooperation in the settlement of cross-border family disputes, including Canada's actions to encourage universal adherence to and compliance with the Hague Abductions Convention, and to strengthen cooperation with non-Hague State Parties with the purpose of upholding children's best interests be extended from December 31, 2014 to March 31, 2015.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Downe:
That, notwithstanding the order of the Senate adopted on Tuesday, May 6, 2014, the date for the final report of the Standing Senate Committee on Human Rights in relation to its examination of how the mandates and practices of the UNHCR and UNICEF have evolved to meet the needs of displaced children in modern conflict situations, with particular attention to the current crisis in Syria, be extended from December 31, 2014 to June 30, 2015.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Lang moved, seconded by the Honourable Senator Unger:
That, notwithstanding the order of the Senate adopted on Tuesday, November 19, 2013, the date for the final report of the Standing Senate Committee on National Security and Defence in relation to its study on Canada's national security and defence policies, practices, circumstances and capabilities, be extended from December 31, 2014 to December 31, 2015.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Lang moved, seconded by the Honourable Senator Smith (Saurel):
That, notwithstanding the order of the Senate adopted on Thursday, December 12, 2013, the date for the final report of the Standing Senate Committee on National Security and Defence in relation to its study on the policies, practices, and collaborative efforts of Canada Border Services Agency in determining admissibility to Canada and removal of inadmissible individuals, be extended from December 31, 2014 to June 30, 2015.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith:
That the Standing Senate Committee on Fisheries and Oceans have the power to sit at 5 p.m. on Monday, December 15, 2014, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
After debate,
With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:
That the Standing Senate Committee on Fisheries and Oceans have the power to sit at 4 p.m. on Monday, December 15, 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, as modified, it was adopted.
INQUIRIES
The Honourable Senator Moore called the attention of the Senate to Northern Food Security.
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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Summaries of the Corporate Plan for 2014-2015 to 2018-2019 and the Operating and Capital Budgets for 2014-2015 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-1006.
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 6:24 p.m. the Senate was continued until tomorrow at 9 a.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tannas replaced the Honourable Senator MacDonald (December 10, 2014).
The Honourable Senator MacDonald replaced the Honourable Senator Tannas (December 10, 2014).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Black replaced the Honourable Senator Tannas (December 11, 2014).
Standing Senate Committee on Human Rights
The Honourable Senator Tannas replaced the Honourable Senator Black (December 11, 2014).
The Honourable Senator Black replaced the Honourable Senator Tannas (December 10, 2014).
The Honourable Senator Tannas replaced the Honourable Senator Frum (December 10, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator McIntyre replaced the Honourable Senator Bellemare (December 11, 2014).
The Honourable Senator Cowan replaced the Honourable Senator Fraser (December 11, 2014).
The Honourable Senator Bellemare replaced the Honourable Senator McIntyre (December 11, 2014).
The Honourable Senator Moore replaced the Honourable Senator Munson (December 10, 2014).
The Honourable Senator Tannas replaced the Honourable Senator Plett (December 10, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Demers replaced the Honourable Senator Batters (December 11, 2014).