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61 Elizabeth II, A.D. 2012, Canada

Journals of the Senate
(Unrevised)

1st Session, 41st Parliament


Issue 54

Tuesday, February 28, 2012
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Meredith, Mitchell, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poulin (Charette), Raine, Rivest, Robichaud, Runciman, St. Germain, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, *Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Meredith, Mitchell, Mockler, *Moore, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poulin (Charette), Raine, Rivest, Robichaud, Runciman, St. Germain, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer

PRAYERS

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a certificate from the Registrar General of Canada showing that Vernon Darryl White had been summoned to the Senate.

The Honourable the Speaker informed the Senate that there was a Senator without waiting to be introduced.

The Honourable Senator White was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator MacDonald, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:

CANADA

Louis LeBel
(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
Our Trusty and Well-beloved,

VERNON DARRYL WHITE

Of Ottawa, in the Province of Ontario,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada, effective the twentieth day of February in the year of Our Lord two thousand and twelve.

AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

The Honourable Louis LeBel, a Puisne Judge of the Supreme Court of Canada and Deputy of 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, Governor General and Commander-in-Chief of Canada.

AT OTTAWA, this sixth day of January, in the year of Our Lord two thousand and twelve and in the sixtieth year of Our Reign.

BY COMMAND,

CHRISTIAN PARADIS

Registrar General of Canada

The Honourable Senator White came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.

The Honourable the Speaker informed the Senate that the Honourable Senator White had made and subscribed the Declaration of Property Qualification required of him by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Carignan tabled the following:

Supplementary Estimates (C) 2011-2012.—Sessional Paper No. 1/41-727.

2012-2013 Estimates, Parts I and II: The Government Expenditure Plan and Main Estimates.—Sessional Paper No. 1/41-728.

Report of the Canadian Artists and Producers Professional Relations Tribunal for the fiscal year ended March 31, 2011, pursuant to the Status of the Artist Act, S.C. 1992, c. 33, s. 61. —Sessional Paper No. 1/41-729.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Wallace, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its ninth report (Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, with amendments and observations).

(The report is printed as an appendix)

The Honourable Senator Wallace moved, seconded by the Honourable Senator Plett, 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 Losier-Cool tabled the following:

Report of the Canadian Delegation of the Canadian Branch of the Assemblée parlementaire de la Francophonie respecting its participation at the Seminar, "Taking Legislative Action to End Violence Against Women and Girls,'' organized by the Inter-Parliamentary Union and the National Assembly of Burkina Faso, held in Ouagadougou, Burkina Faso, from March 30 to April 1, 2011.—Sessional Paper No. 1/41-730.

Report of the Canadian Delegation of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the meeting of the Cooperation and Development Committee and the meeting of the Parliamentary Network for the Fight Against HIV/AIDS of the APF, held in Phnom Penh, Cambodia, from May 23 to 27, 2011. —Sessional Paper No. 1/41-731.

Report of the Canadian Delegation of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the the Seminar on the roles of women in political, civil and family life, and on implementing the APF's Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), held in Budapest, Hungary on October 26 and 27, 2011.—Sessional Paper No. 1/41-732.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Order No. 1 was called and postponed until the next sitting.

°    °    °

Second reading of Bill C-19, An Act to amend the Criminal Code and the Firearms Act.

The Honourable Senator Lang moved, seconded by the Honourable Senator Stewart Olsen, that the bill be read the second time.

After debate,

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Motions

With leave of the Senate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Eaton:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (C) for the fiscal year ending March 31, 2012.

The question being put on the motion, it was adopted.

°    °    °

With leave of the Senate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Eaton:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Main Estimates for the fiscal year ending March 31, 2013, with the exception of Parliament Vote 10.

The question being put on the motion, it was adopted.

°    °    °

With leave of the Senate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Oliver:

That the Standing Joint Committee on the Library of Parliament be authorized to examine and report upon the expenditures set out in Parliament Vote 10 of the Main Estimates for the fiscal year ending March 31, 2013; and

That a message be sent to the House of Commons to acquaint that House accordingly.

The question being put on the motion, it was adopted.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 4 were called and postponed until the next sitting.

Reports of Committees

Order No. 1 was called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Lang, for the adoption of the fourth report (interim) of the Standing Senate Committee on National Security and Defence, entitled: Answering the Call: The Future role of Canada's Primary Reserve, tabled in the Senate on December 15, 2011.

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

°    °    °

Consideration of the fifth report of the Standing Senate Committee on Fisheries and Oceans (budget—study on the management of the grey seal population off Canada's East Coast—power to hire staff and to travel), presented in the Senate on February 16, 2012.

The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith, that the report be adopted.

The question being put on the motion, it was adopted.

Other

Orders No. 25, 27 (inquiries), 61 (motion), 3 and 11 (inquiries) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Robichaud, P.C., calling the attention of the Senate to the issue of poverty in Canada — an issue that is always current and continues to have devastating effects.

After debate,

The Honourable Senator Segal moved, seconded by the Honourable Senator Greene, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

°    °    °

Orders No. 19, 22 and 26 (inquiries) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Comeau, calling the attention of the Senate to the content of committee orders of reference.

Debate concluded.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Meighen, calling the attention of the Senate to the unconscionable delay, despite the resolution of this Chamber passed unanimously on June 18, 2008, of the awarding of an appropriate theatre decoration for the brave Canadian flyers and crew who served in Bomber Command during World War II, without whose efforts, courage and sacrifice the war and its destruction would have continued for many more years.

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Downe, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

°    °    °

Orders No. 30 (inquiry), 19 (motion), 9, 15 (inquiries), 56 (motion), 20 and 23 (inquiries) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Eaton called the attention of the Senate to the interference of foreign foundations in Canada's domestic affairs and their abuse of Canada's existing Revenue Canada Charitable status.

After debate,

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Mahovlich, 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 Downe called the attention of the Senate to:

(a) the problem of Canadians evading taxes by hiding assets in overseas tax havens;

(b) the harm this does to Canada, both in terms of lost revenue and its effect on those Canadians who obey the law and pay their fair share of taxes;

(c) the pathetic efforts of the Canada Revenue Agency to discover, halt and deter overseas tax evasion, and how, in comparison to those similar agencies in other countries, CRA falls short;

(d) the fact that this, plus recent scandals involving the CRA could lead one to conclude that there are serious problems at the Agency; and

(e) concerns that this situation amounts to a lack of leadership on the part of the Government of Canada.

After debate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

MOTIONS

With leave of the Senate,

The Honourable Senator Day moved, seconded by the Honourable Senator Downe:

That, until March 31, 2012, for the purposes of any study of a bill, the subject-matter of a bill or estimates, the Standing Senate Committee on National Finance:

a) have power to sit even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto; and

b) be authorized, pursuant to rule 95(3)(a), to sit from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week.

After debate,

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report on the Canada-Newfoundland Atlantic Accord Implementation Act for the fiscal year ended March 31, 2011, pursuant to the Act, S.C. 1987, c. 3, s. 226.—Sessional Paper No. 1/41-719.

Report of the Judge Advocate General to the Minister of National Defence on the administration of military justice in the Canadian Forces for the fiscal year ended March 31, 2010, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 9.3(3).—Sessional Paper No. 1/41-720.

Summaries of the Corporate Plan and the Capital and Operating Budgets for the period 2011-2012 to 2015-2016 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. 1/41-721.

Report on the administration of the Canada Small Business Financing Act for the fiscal year ended March 31, 2011, pursuant to the Act, S.C. 1998, c. 36, ss. 18 and 20.—Sessional Paper No. 1/41-722.

Report of the Commissioner of Competition for the fiscal year ended March 31, 2010, pursuant to the Competition Act, R.S.C. 1985, c. C-34, s. 127.—Sessional Paper No. 1/41-723.

List of Commissions issued for the year 2011, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.—Sessional Paper No. 1/41-724.

Report of the Canadian Wheat Board, together with the Auditors' Report, for the crop year ended July 31, 2011, pursuant to the Canadian Wheat Board Act, R.S.C. 1985, c. C-24, sbs. 9(2). —Sessional Paper No. 1/41-725.

Statutes of the Northwest Territories for the Sixth Session of the Sixteenth Legislative Assembly, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1).—Sessional Paper No. 1/41-726.

ADJOURNMENT

The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 5:54 p.m. the Senate was continued until tomorrow at 1:30 p.m.)


Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Campbell replaced the Honourable Senator Watt (February 27, 2012).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Smith (Saurel) replaced the Honourable Senator Rivard (February 27, 2012).

The Honourable Senator Merchant replaced the Honourable Senator Munson (February 27, 2012).

The Honourable Senator Duffy replaced the Honourable Senator Nolin (February 16, 2012).

The Honourable Senator Eaton replaced the Honourable Senator Ogilvie (February 16, 2012).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Smith (Saurel) replaced the Honourable Senator Housakos (February 16, 2012).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Brown replaced the Honourable Senator Raine (February 16, 2012).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Wallin replaced the Honourable Senator Patterson (February 16, 2012).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Campbell replaced the Honourable Senator Dawson (February 17, 2012).

The Honourable Senator Smith (Saurel) replaced the Honourable Senator Martin (February 16, 2012).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Joyal, P.C., replaced the Honourable Senator Cowan (February 27, 2012).

The Honourable Senator Chaput replaced the Honourable Senator Munson (February 21, 2012).

The Honourable Senator Cowan replaced the Honourable Senator Joyal, P.C. (February 17, 2012).

The Honourable Senator Munson replaced the Honourable Senator Chaput (February 17, 2012).

Standing Senate Committee on National Finance

The Honourable Senator Smith (Saurel) replaced the Honourable Senator Runciman (February 27, 2012).

The Honourable Senator Finley replaced the Honourable Senator Manning (February 16, 2012).

Standing Senate Committee on National Security and Defence

The Honourable Senator Campbell replaced the Honourable Senator Eggleton, P.C. (February 27, 2012).

The Honourable Senator Finley replaced the Honourable Senator Lang (February 27, 2012).

The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Dallaire (February 27, 2012).

Standing Senate Committee on Official Languages

The Honourable Senator Tardif replaced the Honourable Senator Robichaud, P.C. (February 27, 2012).

The Honourable Senator Buth replaced the Honourable Senator Champagne, P.C. (February 27, 2012).

The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Tardif (February 27, 2012).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Champagne, P.C., replaced the Honourable Senator Rivard (February 16, 2012).

The Honourable Senator Demers replaced the Honourable Senator Comeau (February 16, 2012).

Standing Senate Committee on Transport and Communications

The Honourable Senator Eaton replaced the Honourable Senator Maltais (February 16, 2012).


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