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41st PARLIAMENT, 1st SESSION

Journals

No. 221

Thursday, March 7, 2013

10:00 a.m.



Prayers
Daily Routine Of Business

Tabling of Documents
The Speaker laid upon the Table, — Case Report on the Findings of the Public Sector Integrity Commissioner in the Matter of an Investigation into a Disclosure of Wrongdoing, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, sbs. 38(3.3). — Sessional Paper No. 8560-411-1060-04. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Government Operations and Estimates)

Pursuant to Standing Order 32(2), Ms. Bergen (Parliamentary Secretary to the Minister of Public Safety) laid upon the Table, — Document entitled "Spirit Matters: Aboriginal People and the Corrections and Conditional Release Act". — Sessional Paper No. 8525-411-53.

Pursuant to Standing Order 32(2), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

— Nos. 411-3014, 411-3135 and 411-3168 concerning Old Age Security benefits. — Sessional Paper No. 8545-411-74-28;
— No. 411-3016 concerning port authorities. — Sessional Paper No. 8545-411-133-01;
— No. 411-3028 concerning transportation. — Sessional Paper No. 8545-411-44-20;
— No. 411-3039 concerning the Katimavik program. — Sessional Paper No. 8545-411-95-10;
— No. 411-3069 concerning navigable waters. — Sessional Paper No. 8545-411-68-15;
— Nos. 411-3136 and 411-3181 concerning the Criminal Code of Canada. — Sessional Paper No. 8545-411-32-34;
— No. 411-3143 concerning the Employment Insurance Program. — Sessional Paper No. 8545-411-17-14.

Presenting Reports from Interparliamentary Delegations




Presenting Reports from Committees

Ms. Latendresse (Louis-Saint-Laurent), from the Standing Committee on Procedure and House Affairs, presented the 42nd Report of the Committee, "Access to Information Requests and Parliamentary Privilege". — Sessional Paper No. 8510-411-188.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 46, 50 to 52, 54, 55, 57, 58 and 60 to 62) was tabled.


Ms. Latendresse (Louis-Saint-Laurent), from the Standing Committee on Procedure and House Affairs, presented the 43rd Report of the Committee (electoral boundaries for Alberta). — Sessional Paper No. 8510-411-189.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 58 to 61 and 63) was tabled.


Mr. Weston (Saint John), from the Standing Committee on Fisheries and Oceans, presented the Third Report of the Committee, "Closed Containment Salmon Aquaculture". — Sessional Paper No. 8510-411-190.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 10 to 12, 14 to 21, 23 to 28, 30, 48 to 51, 55 to 57, 59 to 64 and 66) was tabled.


Mr. Bezan (Selkirk—Interlake), from the Standing Committee on National Defence, presented the Sixth Report of the Committee (Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, with amendments). — Sessional Paper No. 8510-411-191.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 62 to 69) was tabled.


Mr. Wallace (Burlington), from the Standing Committee on Justice and Human Rights, presented the 20th Report of the Committee (Bill C-55, An Act to amend the Criminal Code, without amendment). — Sessional Paper No. 8510-411-192.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 62 and 63) was tabled.


Motions

Mr. Wallace (Burlington), seconded by Mr. O'Connor (Minister of State), moved, — That the House do now proceed to the Orders of the Day.

The question was put on the motion and it was agreed to on the following division:

(Division No. 629 -- Vote no 629)
YEAS: 152, NAYS: 123

YEAS -- POUR

Ablonczy
Adams
Adler
Aglukkaq
Albas
Albrecht
Alexander
Allen (Tobique—Mactaquac)
Allison
Ambler
Anders
Anderson
Armstrong
Ashfield
Aspin
Baird
Bateman
Benoit
Bergen
Bernier
Bezan
Block
Boughen
Braid
Brown (Leeds—Grenville)
Brown (Newmarket—Aurora)
Brown (Barrie)
Butt
Calandra
Calkins
Cannan
Carmichael
Carrie
Chisu
Chong
Clarke
Clement
Crockatt

Daniel
Davidson
Dechert
Del Mastro
Devolin
Dreeshen
Duncan (Vancouver Island North)
Dykstra
Fantino
Fast
Findlay (Delta—Richmond East)
Finley (Haldimand—Norfolk)
Flaherty
Fletcher
Galipeau
Gallant
Gill
Glover
Goguen
Gosal
Gourde
Grewal
Harper
Hawn
Hayes
Hiebert
Hillyer
Hoback
Holder
James
Jean
Kamp (Pitt Meadows—Maple Ridge—Mission)
Keddy (South Shore—St. Margaret's)
Kenney (Calgary Southeast)
Kent
Komarnicki
Kramp (Prince Edward—Hastings)
Lake

Lauzon
Lebel
Leef
Leitch
Lemieux
Leung
Lizon
Lobb
Lukiwski
Lunney
MacKenzie
Mayes
McColeman
McLeod
Menegakis
Menzies
Merrifield
Miller
Moore (Fundy Royal)
Nicholson
Norlock
Obhrai
O'Connor
O'Neill Gordon
Opitz
O'Toole
Paradis
Payne
Penashue
Poilievre
Preston
Raitt
Rajotte
Rathgeber
Reid
Rempel
Richards
Rickford

Saxton
Schellenberger
Seeback
Shea
Shipley
Shory
Smith
Sopuck
Sorenson
Stanton
Storseth
Strahl
Sweet
Tilson
Toet
Toews
Trost
Trottier
Tweed
Uppal
Valcourt
Van Kesteren
Van Loan
Vellacott
Wallace
Warawa
Warkentin
Watson
Weston (West Vancouver—Sunshine Coast—Sea to Sky Country)
Weston (Saint John)
Wilks
Williamson
Wong
Woodworth
Yelich
Young (Oakville)
Young (Vancouver South)
Zimmer

Total: -- 152

NAYS -- CONTRE

Allen (Welland)
Andrews
Angus
Ashton
Ayala
Bélanger
Bellavance
Bennett
Benskin
Bevington
Blanchette
Blanchette-Lamothe
Boivin
Borg
Boulerice
Boutin-Sweet
Brahmi
Brison
Brosseau
Byrne
Caron
Casey
Cash
Charlton
Chicoine
Chisholm
Choquette
Chow
Cleary
Coderre
Côté

Cotler
Crowder
Cullen
Davies (Vancouver Kingsway)
Davies (Vancouver East)
Dewar
Dion
Dionne Labelle
Donnelly
Doré Lefebvre
Dubé
Duncan (Etobicoke North)
Duncan (Edmonton—Strathcona)
Dusseault
Easter
Eyking
Foote
Freeman
Fry
Garrison
Genest-Jourdain
Giguère
Godin
Goodale
Gravelle
Harris (Scarborough Southwest)
Harris (St. John's East)
Hsu
Hughes
Jacob
Julian

Kellway
Lamoureux
Lapointe
Larose
Latendresse
Laverdière
LeBlanc (Beauséjour)
LeBlanc (LaSalle—Émard)
Leslie
Liu
MacAulay
Mai
Marston
Martin
Masse
Mathyssen
May
McCallum
McGuinty
McKay (Scarborough—Guildwood)
Michaud
Moore (Abitibi—Témiscamingue)
Morin (Notre-Dame-de-Grâce—Lachine)
Morin (Laurentides—Labelle)
Morin (Saint-Hyacinthe—Bagot)
Mulcair
Nantel
Nash
Nicholls
Nunez-Melo
Pacetti

Papillon
Patry
Péclet
Pilon
Plamondon
Quach
Rae
Rafferty
Rankin
Ravignat
Raynault
Regan
Rousseau
Saganash
Sandhu
Scarpaleggia
Scott
Sellah
Sgro
Sims (Newton—North Delta)
Sitsabaiesan
St-Denis
Stewart
Stoffer
Thibeault
Toone
Tremblay
Trudeau
Turmel
Valeriote

Total: -- 123

PAIRED -- PAIRÉS

Nil--Aucun

Government Orders

Notice having been given at a previous sitting under the provisions of Standing Order 78(3), Mr. Van Loan (Leader of the Government in the House of Commons), seconded by Mrs. Shea (Minister of National Revenue and Minister for the Atlantic Canada Opportunities Agency), moved, — That, in relation to Bill C-48, An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and

that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the time allocation motion.

The question was put on the motion and it was agreed to on the following division:

(Division No. 630 -- Vote no 630)
YEAS: 151, NAYS: 123

YEAS -- POUR

Ablonczy
Adams
Adler
Aglukkaq
Albas
Albrecht
Alexander
Allen (Tobique—Mactaquac)
Allison
Ambler
Anderson
Armstrong
Ashfield
Aspin
Baird
Bateman
Benoit
Bergen
Bernier
Bezan
Block
Boughen
Braid
Brown (Leeds—Grenville)
Brown (Newmarket—Aurora)
Brown (Barrie)
Butt
Calandra
Calkins
Cannan
Carmichael
Carrie
Chisu
Chong
Clarke
Clement
Crockatt
Daniel

Davidson
Dechert
Del Mastro
Devolin
Dreeshen
Duncan (Vancouver Island North)
Dykstra
Fantino
Fast
Findlay (Delta—Richmond East)
Finley (Haldimand—Norfolk)
Flaherty
Fletcher
Galipeau
Gallant
Gill
Glover
Goguen
Gosal
Gourde
Grewal
Harper
Hawn
Hayes
Hiebert
Hillyer
Hoback
Holder
James
Jean
Kamp (Pitt Meadows—Maple Ridge—Mission)
Keddy (South Shore—St. Margaret's)
Kenney (Calgary Southeast)
Kent
Komarnicki
Kramp (Prince Edward—Hastings)
Lake
Lauzon

Lebel
Leef
Leitch
Lemieux
Leung
Lizon
Lobb
Lukiwski
Lunney
MacKenzie
Mayes
McColeman
McLeod
Menegakis
Menzies
Merrifield
Miller
Moore (Fundy Royal)
Nicholson
Norlock
Obhrai
O'Connor
O'Neill Gordon
Opitz
O'Toole
Paradis
Payne
Penashue
Poilievre
Preston
Raitt
Rajotte
Rathgeber
Reid
Rempel
Richards
Rickford
Saxton

Schellenberger
Seeback
Shea
Shipley
Shory
Smith
Sopuck
Sorenson
Stanton
Storseth
Strahl
Sweet
Tilson
Toet
Toews
Trost
Trottier
Tweed
Uppal
Valcourt
Van Kesteren
Van Loan
Vellacott
Wallace
Warawa
Warkentin
Watson
Weston (West Vancouver—Sunshine Coast—Sea to Sky Country)
Weston (Saint John)
Wilks
Williamson
Wong
Woodworth
Yelich
Young (Oakville)
Young (Vancouver South)
Zimmer

Total: -- 151

NAYS -- CONTRE

Allen (Welland)
Andrews
Angus
Ashton
Ayala
Bélanger
Bellavance
Bennett
Benskin
Bevington
Blanchette
Blanchette-Lamothe
Boivin
Borg
Boulerice
Boutin-Sweet
Brahmi
Brison
Brosseau
Byrne
Caron
Casey
Cash
Charlton
Chicoine
Chisholm
Choquette
Chow
Christopherson
Cleary
Coderre

Comartin
Côté
Cotler
Crowder
Cullen
Davies (Vancouver Kingsway)
Davies (Vancouver East)
Day
Dewar
Dion
Dionne Labelle
Donnelly
Doré Lefebvre
Dubé
Duncan (Etobicoke North)
Duncan (Edmonton—Strathcona)
Dusseault
Easter
Eyking
Foote
Freeman
Fry
Garrison
Genest-Jourdain
Godin
Goodale
Gravelle
Harris (Scarborough Southwest)
Harris (St. John's East)
Hsu
Hughes

Jacob
Julian
Kellway
Lamoureux
Lapointe
Larose
Latendresse
Laverdière
LeBlanc (Beauséjour)
LeBlanc (LaSalle—Émard)
Leslie
Liu
MacAulay
Mai
Marston
Martin
Masse
Mathyssen
May
McCallum
McGuinty
McKay (Scarborough—Guildwood)
Michaud
Moore (Abitibi—Témiscamingue)
Morin (Notre-Dame-de-Grâce—Lachine)
Morin (Laurentides—Labelle)
Morin (Saint-Hyacinthe—Bagot)
Mulcair
Nantel
Nash
Nicholls

Nunez-Melo
Pacetti
Papillon
Patry
Péclet
Pilon
Plamondon
Quach
Rafferty
Rankin
Ravignat
Raynault
Regan
Rousseau
Saganash
Sandhu
Scarpaleggia
Scott
Sellah
Sgro
Sitsabaiesan
St-Denis
Stewart
Stoffer
Thibeault
Toone
Tremblay
Trudeau
Turmel
Valeriote

Total: -- 123

PAIRED -- PAIRÉS

Nil--Aucun


The Order was read for the consideration at report stage of Bill S-9, An Act to amend the Criminal Code, as reported by the Standing Committee on Justice and Human Rights without amendment.

Mr. Van Loan (Leader of the Government in the House of Commons) for Mr. Nicholson (Minister of Justice), seconded by Mr. Kenney (Minister of Citizenship, Immigration and Multiculturalism), moved, — That the Bill be concurred in at report stage.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was concurred in at report stage.

Pursuant to Standing Order 76.1(11), Mr. Van Loan (Leader of the Government in the House of Commons) for Mr. Nicholson (Minister of Justice), seconded by Mr. Kenney (Minister of Citizenship, Immigration and Multiculturalism), moved, — That the Bill be now read a third time and do pass.

Debate arose thereon.

Statements By Members

Pursuant to Standing Order 31, Members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Messages from the Senate

A message was received from the Senate informing this House that the Senate has passed the following Bill to which the concurrence of the House is desired:

Government Orders

The House resumed consideration of the motion of Mr. Nicholson (Minister of Justice), seconded by Mr. Kenney (Minister of Citizenship, Immigration and Multiculturalism), — That Bill S-9, An Act to amend the Criminal Code, be now read a third time and do pass.

The debate continued.

Private Members' Business

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The House resumed consideration at report stage of Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity), as deemed reported by the Standing Committee on Justice and Human Rights without amendment;

And of the motions in Group No. 1 (Motions Nos. 1 to 9).

Group No. 1

Motion No. 1 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279 be amended by replacing the long title on page 1 with the following:

“An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity)”

Motion No. 2 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279, in Clause 1, be amended by replacing lines 19 to 21 on page 1 with the following:

“identity, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.”

Motion No. 3 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279, in Clause 1, be amended by adding after line 21 on page 1 the following:

“(2) In this section, “gender identity” means, in respect of an individual, the individual’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex that the individual was assigned at birth.”

Motion No. 4 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279, in Clause 2, be amended by replacing line 27 on page 1 to line 3 on page 2 with the following:

“sex, sexual orientation, gender identity, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.”

Motion No. 5 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279, in Clause 2, be amended by adding after line 3 on page 2 the following:

“(2) Section 3 of the Act is amended by adding the following after subsection (2):

(3) In this section, “gender identity” has the same meaning as in subsection 2(2).”

Motion No. 6 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279, in Clause 3, be amended by replacing line 6 on page 2 with the following:

“(4) The following definitions apply in this section.

“gender identity” means, in respect of a person, the person's deeply felt internal and individual experience of gender, which may or may not correspond with the sex that the person was assigned at birth.

“identifiable group””

Motion No. 7 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279, in Clause 3, be amended by replacing line 9 on page 2 with the following:

“identity or sexual orienta-”

Motion No. 8 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279, in Clause 4, be amended by replacing lines 17 and 18 on page 2 with the following:

“physical disability, gender identity, sexual orientation, or any other”

Motion No. 9 of Mr. Garrison (Esquimalt—Juan de Fuca), seconded by Mr. Stewart (Burnaby—Douglas), — That Bill C-279, in Clause 4, be amended by adding after line 19 on page 2 the following:

“(2) Section 718.2 of the Act is renumbered as subsection 718.2(1) and is amended by adding the following:

(2) In this section, “gender identity” has the same meaning as in subsection 318(4).”

The debate continued on the motions in Group No. 1.

The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division, which will also apply to Motions Nos. 2, 4, 7 and 8, was deferred.

The question was put on Motion No. 3 and, pursuant to Standing Order 76.1(8), the recorded division, which will also apply to Motions Nos. 5, 6 and 9, was deferred.

Pursuant to Standing Order 98(4), the recorded divisions were further deferred until Wednesday, March 20, 2013, immediately before the time provided for Private Members' Business.

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:

— by Mr. Fantino (Minister of International Cooperation) — Response of the government, pursuant to Standing Order 109, to the Sixth Report of the Standing Committee on Foreign Affairs and International Development, "Driving Inclusive Economic Growth: The Role of the Private Sector in International Development" (Sessional Paper No. 8510-411-145), presented to the House on Wednesday, November 7, 2012. — Sessional Paper No. 8512-411-145.
— by Ms. Finley (Minister of Human Resources and Skills Development) — Copy of Regulations Amending the Employment Insurance (Fishing) Regulations (P.C. 2013-262), pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 153(3). — Sessional Paper No. 8560-411-597-03. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities)
Petitions Filed with the Clerk of the House

Pursuant to Standing Order 36, a petition certified correct by the Clerk of Petitions was filed as follows:

— by Mr. Hillyer (Lethbridge), one concerning gender identity and expression (No. 411-3275).
Adjournment Proceedings

At 6:28 p.m., by unanimous consent, the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 6:59 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).