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41st PARLIAMENT, 2nd SESSION

Journals No. 146 Friday, November 21, 2014 10:00 a.m.

The Clerk informed the House of the unavoidable absence of the Speaker.

Whereupon, Mr. Comartin (Windsor—Tecumseh), Deputy Speaker and Chair of Committees of the Whole, took the Chair, pursuant to subsection 43(1) of the Parliament of Canada Act.

Prayers

Government Orders

The House resumed consideration of the motion of Mr. MacKay (Minister of Justice), seconded by Mrs. Aglukkaq (Minister of the Environment, Minister of the Canadian Northern Economic Development Agency and Minister for the Arctic Council), — That Bill C-26, An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts, be now read a second time and referred to the Standing Committee on Justice and Human Rights.

The debate continued.

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.

Daily Routine Of Business

Tabling of Documents

Pursuant to Standing Order 32(2), laid upon the Table, — 2013 Annual Report on the RCMP's Use of the Law Enforcement Justification Provisions pursuant to section 25.3 of the Criminal Code. — Sessional Paper No. 8525-412-41.

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. 412-4244 and 412-4276 concerning the situation in Israel. — Sessional Paper No. 8545-412-140-02;

— No. 412-4256 concerning the protection of the environment. — Sessional Paper No. 8545-412-2-21;

— No. 412-4258 concerning Christianity. — Sessional Paper No. 8545-412-139-04;

— No. 412-4277 concerning China. — Sessional Paper No. 8545-412-19-11;

— No. 412-4346 concerning immigration. — Sessional Paper No. 8545-412-15-18.

Motions

By unanimous consent, it was resolved, — That this House reiterate Canada’s continued support for freedom, democracy, human rights and the rule of law around the world; reaffirm Canada’s support for the sovereignty, independence, and territorial integrity of the Republic of Moldova and the inviolability of its borders; encourage the efforts of the Republic of Moldova to further their advancement of democratic reforms; affirm the Republic of Moldova’s sovereign right to determine its own partnerships free of external coercion and pressure; note the Republic of Moldova’s signature of an Association Agreement and Deep and Comprehensive Free Trade Area with the European Union on June 27, 2014, and ratification of the agreement on July 2, 2014; and welcome the Republic of Moldova’s choice to pursue the path of European integration.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

— by , one concerning the grain industry (No. 412-4528) and one concerning sex selection (No. 412-4529);

— by , one concerning crimes of violence (No. 412-4530), two concerning the situation in Israel (Nos. 412-4531 and 412-4532) and one concerning the situation in Gaza (No. 412-4533);

— by , one concerning crimes of violence (No. 412-4534);

— by , one concerning prostitution (No. 412-4535);

— by , one concerning asbestos (No. 412-4536);

— by , one concerning sex selection (No. 412-4537);

— by , one concerning the agricultural industry (No. 412-4538);

— by , one concerning the Criminal Code of Canada (No. 412-4539).

Questions on the Order Paper

Pursuant to Standing Order 39(7), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the return to the following question made into an Order for Return:

Q-742 — — With regard to the process for filling the vacancy on the Supreme Court of Canada that will be created by the retirement of Justice Louis Lebel: (a) when did the government learn of Justice Lebel’s intention to retire on November 30, 2014; (b) how did the government learn of Justice Lebel’s intention to retire on November 30, 2014; (c) what steps has the government taken to find a replacement for Justice Lebel; (d) when were each of the steps in (c) taken; (e) what individuals, agencies, organizations, or other governments has the government consulted with regard to developing a process to find Justice Lebel’s replacement; (f) what individuals, agencies, organizations, or other governments has the government consulted with regard to choosing Justice Lebel’s replacement; (g) when did the consultations in (e) occur; (h) when did the consultations in (f) occur; (i) what individuals, agencies, organizations, or other governments will the government consult with regard to developing a process to find Justice Lebel’s replacement; (j) what individuals, agencies, organizations, or other governments will the government consult with regard to choosing Justice Lebel’s replacement; (k) when will the consultations in (i) occur; (l) when will the consultations in (j) occur; (m) what date has the government set by which Justice Lebel’s replacement must be nominated; (n) what date has the government set by which Justice Lebel’s replacement must be appointed; (o) by what date does the government intend to nominate Justice Lebel’s replacement; (p) by what date does the government intend to appoint Justice Lebel’s replacement; (q) when were the dates in (m) to (p) set; (r) who set the dates in (m) to (p); (s) based on what factors were the dates in (m) to (p) set; (t) if no dates have been set regarding the nomination or appointment of Justice Lebel’s replacement, why have no dates been set; (u) has the government examined the consequences, legal and otherwise, of allowing a Supreme Court seat to be vacant; (v) what are the results of the examination in (u); (w) when did the examination in (u) begin; (x) when did the examination in (u) end; (y) who carried out the examination in (u); (z) if the government has not carried out the examination in (u), why has it not done so; (aa) will the government examine the consequences, legal and otherwise, of allowing a Supreme Court seat to be vacant; (bb) if the government will not carry out the examination in (aa), why will it not do so; (cc) based on what criteria has the government evaluated candidates to replace Justice Lebel, or, if no evaluations have occurred thus far, based on what criteria will the government evaluate candidates to replace Justice Lebel; (dd) how do the criteria in (cc) differ from those used to evaluate candidates in the appointment processes that led to the appointments of (i) Justice Wagner, (ii) Justice Nadon, (iii) Justice Gascon; (ee) what materials have been sought from the candidates to replace Justice Lebel; (ff) what materials will be sought from the candidates to replace Justice Lebel; (gg) how do the materials in (ee) and (ff) differ from those sought from candidates in the processes that led to the appointments of (i) Justice Wagner, (ii) Justice Nadon, (iii) Justice Gascon; (hh) if the materials in (ee) and (ff) differ from those sought from candidates in the processes that led to the appointments of Justices Wagner, Nadon, and Gascon, (i) why were changes made, (ii) who decided to make these changes, (iii) when was that decision made; (ii) when did the “reconsideration” of the appointment process referred to in the government’s response to Q-543 begin; (jj) who made the decision to reconsider the Supreme Court appointment process; (kk) on what date was the decision in (jj) made; (ll) what has the reconsideration of the Supreme Court appointment process entailed; (mm) who has been involved in the reconsideration of the Supreme Court appointment process; (nn) what has been the role of each of the individuals in (mm) in the reconsideration of the Supreme Court appointment process; (oo) what individuals, agencies, organizations, or other governments have been consulted as part of the reconsideration of the Supreme Court appointment process; (pp) were parliamentarians consulted as part of the reconsideration process, and if so, whom; (qq) what meetings have occurred as part of the reconsideration of the Supreme Court appointment process, (i) on what dates, (ii) with whom present, (iii) with what goals, (iv) with what outcomes; (rr) what documents, memos, briefing notes, or other materials have been created as part of the reconsideration of the Supreme Court appointment process; (ss) what are the dates of creation and file or reference numbers of the materials in (rr); (tt) who developed the materials in (rr); (uu) to whom have the materials in (rr) been distributed; (vv) what research, reports, books, articles, or other reference materials has the government consulted as part of the reconsideration of the Supreme Court appointment process; (ww) what are the objectives of the reconsideration of the Supreme Court appointment process; (xx) when did the reconsideration of the Supreme Court appointment process end, or if it is ongoing, when does the government intend to end it; (yy) if the reconsideration of the Supreme Court appointment process is ongoing, (i) what will the remainder of the reconsideration entail, (ii) who will be involved in the remainder of the reconisderation, (iii) what will be the role of each of the individuals, agencies, organizations, and governments involved, (iv) when will parliamentarians be consulted, (v) in what way will parliamentarians be consulted; (zz) when did the government last engage in a reconsideration of the Supreme Court appointment process; (aaa) in what way is the current reconsideration similar to or different from the last reconsideration; (bbb) what are the results of the reconsideration of the Supreme Court appointment process; (ccc) when will the results of the reconsideration of the Supreme Court appointment process be made public; (ddd) what has been the cost of the reconsideration of the Supreme Court appointment process; (eee) what is the breakdown of the cost of the reconsideration of the Supreme Court appointment process thus far; (fff) if the reconsideration is ongoing, (i) what will be the total cost of the reconsideration, (ii) what is the breakdown of the cost; (ggg) what process has been or will be used to evaluate candidates and make an appointment to replace Justice Lebel; (hhh) in what way have parliamentarians been involved, or in what way will they be involved, in the process to replace Justice Lebel; (iii) what goals have been served by parliamentary involvement in previous Supreme Court appointment processes; (jjj) how will the goals in (iii) be served in the process to replace Justice Lebel; (kkk) in what way have members of the legal community been involved, or in what way will they be involved, in the process to replace Justice Lebel; (lll) other than parliamentarians and members of the legal community, who has been or will be involved in the process to replace Justice Lebel, and in what way; (mmm) what steps has the government taken, or what steps will the government take, to ensure that Justice Lebel’s replacement is eligible to fill one of the seats reserved for Quebec pursuant to section 6 of the Supreme Court Act; (nnn) who has carried out, or who will carry out, the legal analysis to ensure that Justice Lebel’s replacement is eligible to fill one of the seats reserved for Quebec pursuant to section 6 of the Supreme Court Act; (ooo) when was the legal analysis in (nnn) carried out; (ppp) what has been the cost of the analysis in (nnn); (qqq) what is the breakdown of the cost of the analysis in (nnn); (rrr) what has been, or what will be, the cost of the process to replace Justice Lebel; (sss) what is the breakdown of the cost in (rrr); (ttt) in what way will the process to replace Justice Lebel be (i) transparent, (ii) accountable, (iii) inclusive; and (uuu) will the process used for the appointment of Justice Lebel’s replacement be used for future appointments? — Sessional Paper No. 8555-412-742.

Government Orders

The debate continued.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Monday, November 24, 2014, at the ordinary hour of daily adjournment.

Private Members' Business

At 1:05 p.m., by unanimous consent, the House proceeded to the consideration of Private Members' Business.

Mr. Genest-Jourdain (Manicouagan), seconded by Ms. Duncan (Edmonton—Strathcona), moved, — That, in the opinion of the House, the federal government, in exercising its jurisdiction, should submit natural resource development projects to a broader consultation with First Nations and citizens in communities and urban areas affected by the establishment of such activities, and that public willingness should be a criterion in obtaining a development permit to the same degree as impacts on human health, ecosystem maintenance, employment and economic development. (Private Members' Business M-533)

Debate arose thereon.

Pursuant to Standing Order 93(1), the Order was dropped to the bottom of the order of precedence on the Order Paper.

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 — Agreement respecting Biology Casework Analysis between the RCMP and the province of Newfoundland and Labrador, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5). — Sessional Paper No. 8560-412-475-20. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Public Safety and National Security)

— by Mr. Clement (President of the Treasury Board) — Actuarial Report (including cost certificate) on the Pension Plan for the Canadian Forces as at March 31, 2013, and certification of assets of the Pension Plan, pursuant to the Public Pensions Reporting Act, R.S. 1985, c. 13 (2nd Supp.), sbs. 9(1). — Sessional Paper No. 8560-412-49-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Government Operations and Estimates)

— by Mr. Clement (President of the Treasury Board) — Audit Report for the Office of the Auditor General for the fiscal year ended March 31, 2014, pursuant to the Auditor General Act, R.S. 1985, c. A-17, sbs. 21(2). — Sessional Paper No. 8560-412-100-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Public Accounts)

— by — Actuarial Report (including cost certificate) on the Pension Plan for the Canadian Forces - Reserve Force as at March 31, 2013, and certification of assets of the Pension Plan, pursuant to the Canadian Forces Superannuation Act, R.S. 1985, c. C-17, s. 59.6. — Sessional Paper No. 8560-412-1028-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Government Operations and Estimates)

— by — Report of the Public Service Labour Relations Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2014, pursuant to the Parliamentary Employment and Staff Relations Act, R.S. 1985, c. 33 (2nd Supp.), s. 84. — Sessional Paper No. 8560-412-515-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Government Operations and Estimates)

— by — Report of the Public Service Labour Relations Board on the administration of the Public Service Labour Relations Act for the fiscal year ended March 31, 2014, pursuant to the Public Service Labour Relations Act, S.C. 2003, c. 22, s. 2 "251(2)". — Sessional Paper No. 8560-412-920-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Government Operations and Estimates)

— by — Report of the Commissioner of Competition for the fiscal year ended March 31, 2013, pursuant to the Competition Act, R.S. 1985, c. C-34, s. 127. — Sessional Paper No. 8560-412-352-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry, Science and Technology)

— by — Orders in Council approving certain appointments made by the Governor General in Council, pursuant to Standing Order 110(1), as follows:

— P.C. 2014-1162 and P.C. 2014-1189. — Sessional Paper No. 8540-412-3-11. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Canadian Heritage)

— P.C. 2014-1176 to P.C. 2014-1185. — Sessional Paper No. 8540-412-14-08. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Citizenship and Immigration)

— P.C. 2014-1149, P.C. 2014-1218 and P.C. 2014-1219. — Sessional Paper No. 8540-412-9-08. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Finance)

— P.C. 2014-1150. — Sessional Paper No. 8540-412-10-09. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Fisheries and Oceans)

— P.C. 2014-1186, P.C. 2014-1187, P.C. 2014-1190 to P.C. 2014-1197 and P.C. 2014-1237. — Sessional Paper No. 8540-412-4-13. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Government Operations and Estimates)

— P.C. 2014-1198 to P.C. 2014-1213. — Sessional Paper No. 8540-412-16-11. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities)

— P.C. 2014-1214 to P.C. 2014-1217. — Sessional Paper No. 8540-412-22-12. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Industry, Science and Technology)

— P.C. 2014-1151, P.C. 2014-1152 and P.C. 2014-1220 to P.C. 2014-1230. — Sessional Paper No. 8540-412-24-13. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Transport, Infrastructure and Communities)

— P.C. 2014-1148 and P.C. 2014-1188. — Sessional Paper No. 8540-412-32-08. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Veterans Affairs)

Adjournment

At 2:05 p.m., the Deputy Speaker adjourned the House until Monday at 11:00 a.m., pursuant to Standing Order 24(1).