Journals of the Senate
2nd Session, 41st Parliament
Issue 128
Thursday, March 26, 2015
1:30 p.m.
The Honourable Leo Housakos, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Baker, Batters, Bellemare, Beyak, Campbell, Carignan, Chaput, Charette-Poulin, Cowan, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Baker, Batters, Bellemare, Beyak, Campbell, Carignan, Chaput, Charette-Poulin, Cowan, *Dagenais, *Dawson, *Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, *Kenny, *Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, *Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, *Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, *Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, 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:
Government Response to the fifteenth report of the Standing Senate Committee
on Social Affairs, Science and Technology entitled: Prescription
Pharmaceuticals in Canada: Unintended Consequences, tabled in the Senate on
October 21, 2014.—Sessional Paper No. 2/41-1089S.
(Pursuant to rule 12-24(4), the report and the response were deemed referred
to the Standing Senate Committee on Social Affairs, Science and Technology)
ORDERS OF THE DAY
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-218, An Act respecting National Fiddling Day,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
GOVERNMENT BUSINESS
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That, immediately following the adoption of this motion, the Senate resolve itself into a Committee of the Whole in order to receive Joe Friday respecting his appointment as Public Sector Integrity Commissioner;
That the Committee of the Whole report to the Senate no later than one hour after it begins.
The question being put on the motion, it was adopted.
COMMITTEE OF THE WHOLE
The Senate was accordingly adjourned during pleasure and put into a Committee of the Whole in order to receive Mr. Joe Friday respecting his appointment as Public Sector Integrity Commissioner, the Honourable Senator MacDonald in the Chair.
—In the Committee—
Pursuant to the order adopted earlier this day, Mr. Friday was escorted to his seat in the Senate Chamber.
Debate.
Ordered, That the Committee rise, and that the Chair report that the Committee has heard the witness.
The sitting of the Senate resumed.
The Chair of the Committee informed the Senate that the Committee has heard the witness.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That, in accordance with subsection 39(1) of the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, the Senate approve the appointment of Joe Friday as Public Sector Integrity Commissioner.
The question being put on the motion, it was adopted.
Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
° ° °
Third reading of Bill C-40, An Act respecting the Rouge National Urban Park.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Gerstein, that the bill be read the third time.
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Ringuette, 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
Order No. 1 was called and postponed until the next sitting.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Motions
Order No. 95 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 and 2 were called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Commons Public Bills — Reports of Committees
Order No. 1 was 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 Wallace, seconded by the Honourable Senator Patterson, for the second reading of Bill C-591, An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Stewart Olsen, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 6 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
Order No. 47 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Greene:
That the Senate take note of the following facts:
(a) Sergei Magnitsky, a Moscow lawyer who uncovered the largest tax fraud in Russian history, was detained without trial, tortured and consequently died in a Moscow prison on November 16, 2009;
(b) No thorough, independent and objective investigation has been conducted by Russian authorities into the detention, torture and death of Sergei Magnitsky, nor have the individuals responsible been brought to justice; and
(c) The unprecedented posthumous trial and conviction of Sergei Magnitsky in Russia for the very fraud he uncovered constitute a violation of the principles of fundamental justice and the rule of law; and
That the Senate call upon the government to:
(a) Condemn any foreign nationals who were responsible for the detention, torture or death of Sergei Magnitsky, or who have been involved in covering up the crimes he exposed;
(b) Explore and encourage sanctions against any foreign nationals who were responsible for the detention, torture or death of Sergei Magnitsky, or who have been involved in covering up the crimes he exposed; and
(c) Explore sanctions as appropriate against any foreign nationals responsible for violations of internationally recognized human rights in a foreign country, when authorities in that country are unable or unwilling to conduct a thorough, independent and objective investigation of the violations.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Cools, 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.
° ° °
Orders No. 79, 62, 73, 8, 55, 9, 56, 60 and 66 were called and postponed until the next sitting.
Inquiries
Orders No. 34, 17, 29, 47, 13, 19, 21, 28, 41, 44, 14, 42, 43 and 20 were called and postponed until the next sitting.
° ° °
Orders No. 36 and 27 were called and, pursuant to rule 4-15(2), dropped from the Order Paper.
° ° °
Resuming debate on the inquiry of the Honourable Senator Moore, calling the attention of the Senate to Northern Food Security.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, 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 Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Joyal, P.C.:
That, Whereas the free trade agreement with the European Union contains rules to protect investments accompanied by a dispute settlement mechanism between states and investors through arbitration (ISDS);
Whereas the introduction of such rules could undermine the ability of the Canadian Federal Parliament as well as Provincial and Territorial assemblies or parliaments to legislate, particularly on social, health and environmental issues, exposing the federal, provincial and territorial governments to paying substantial compensation to investors who feel aggrieved by new measures;
Whereas there is already another interstate dispute settlement mechanism for investment, inspired by the Dispute Settlement Body of the World Trade Organization,
The Senate of Canada urges the Government to revise Chapters 10 (Investment) and 33 (Dispute Resolution) of the free trade agreement negotiated with the European Union in order to remove the investor / state dispute settlement mechanism from the agreement.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Stewart Olsen:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, March 30, 2015 at 6 p.m. and that rule 3-3(1) be suspended in relation thereto; and
That committees of the Senate normally scheduled to meet on Mondays have the power to sit on Monday, March 30, 2015, 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Summary of the Corporate Plan for 2015-2016 of the Sport Dispute Resolution Centre of Canada, pursuant to the Physical Activity and Sport Act, S.C. 2003, c. 2, sbs. 32(4). —Sessional Paper No. 2/41-1088.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Stewart Olsen:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:58 p.m. the Senate was continued until Monday, March 30, 2015, at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Black replaced the Honourable Senator Wells (March 25, 2015).
The Honourable Senator Wells replaced the Honourable Senator Doyle (March 25, 2015).
The Honourable Senator Doyle replaced the Honourable Senator Unger (March 25, 2015).
The Honourable Senator Tkachuk replaced the Honourable Senator Mockler (March 25, 2015).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Beyak replaced the Honourable Senator Ataullahjan (March 25, 2015).
The Honourable Senator Johnson replaced the Honourable Senator Beyak (March 25, 2015).
The Honourable Senator Ataullahjan replaced the Honourable Senator Patterson (March 25, 2015).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Cordy replaced the Honourable Senator Charette-Poulin (March 26, 2015).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Hervieux-Payette, P.C. (March 26, 2015).
The Honourable Senator Mockler replaced the Honourable Senator Dagenais (March 25, 2015).
The Honourable Senator White replaced the Honourable Senator Manning (March 25, 2015).
The Honourable Senator Dagenais replaced the Honourable Senator Smith (Saurel) (March 25, 2015).
The Honourable Senator Manning replaced the Honourable Senator White (March 25, 2015).
Standing Senate Committee on National Finance
The Honourable Senator Rivard replaced the Honourable Senator Ogilvie (March 26, 2015).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Munson was removed from the membership of the committee, substitution pending (March 26, 2015).
The Honourable Senator Chaput replaced the Honourable Senator Cowan (March 26, 2015).
The Honourable Senator Munson replaced the Honourable Senator Chaput (March 26, 2015).
The Honourable Senator Manning replaced the Honourable Senator Tkachuk (March 25, 2015).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Manning (March 25, 2015).
The Honourable Senator Tkachuk replaced the Honourable Senator Wallace (March 25, 2015).
The Honourable Senator Manning replaced the Honourable Senator Stewart Olsen (March 25, 2015).
The Honourable Senator Wallace replaced the Honourable Senator MacDonald (March 25, 2015).
The Honourable Senator Cowan was added to the membership (March 25, 2015).