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60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate
(Unrevised)

3rd Session, 40th Parliament


Issue 92

Tuesday, March 8, 2011
2:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, St. Germain, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, St. Germain, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

PRAYERS

SENATORS' STATEMENTS

Tributes

Tribute was paid to the Honourable Keith Davey, former Senator, whose death occurred on January 17, 2011.

Senators' Statements

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its seventeenth report (Bill C-21, An Act to amend the Criminal Code (sentencing for fraud), without amendment).

The Honourable Senator Carignan moved, seconded by the Honourable Senator Demers, 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act.

The Honourable Senator Lang moved, seconded by the Honourable Senator Meredith, that the bill be read the third time.

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.

°    °    °

Third reading of Bill S-13, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, as amended.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill, as amended, be read the third time.

After debate,

In amendment, the Honourable Senator Manning moved, seconded by the Honourable Senator Smith (Saurel), that Bill S-13 be not now read a third time but that it be amended in clause 17, on page 8, by replacing line 15 with the following:

"45.48 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.''.

After debate,

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

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

°    °    °

Order No. 3 was called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Smith (Saurel), seconded by the Honourable Senator Marshall, for the second reading of Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.

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

°    °    °

Second reading of Bill C-42, An Act to amend the Aeronautics Act.

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Greene, that the bill be read the second time.

After debate,

The Honourable Senator Moore 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.

OTHER BUSINESS

Senate Public Bills

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

°    °    °

Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Carstairs, P.C., for the second reading of Bill S-225, An Act respecting the reorganization and privatization of Atomic Energy of Canada Limited.

After debate,

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

The bill was then read the second time, on division.

The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that the bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.

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

°    °    °

Orders No. 3 to 9 were called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Marshall, for the second reading of Bill S-209, An Act respecting a national day of service to honour the courage and sacrifice of Canadians in the face of terrorism, particularly the events of September 11, 2001.

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

The bill was then read the second time, on division.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Di Nino, 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.

°    °    °

Order No. 11 was called and postponed until the next sitting.

Commons Public Bills

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

°    °    °

Resuming debate on the motion of the Honourable Senator Rivest, seconded by the Honourable Senator Lang, for the second reading of Bill C-288, An Act to amend the Income Tax Act (tax credit for new graduates working in designated regions).

After debate,

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

The bill was then read the second time, on division.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be referred to the Standing Senate Committee on National Finance.

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

°    °    °

Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Boisvenu, for the second reading of Bill C-442, An Act to establish a National Holocaust Monument.

After debate,

The Honourable Senator Fraser 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. 4 to 7 were called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 11 were called and postponed until the next sitting.

°    °    °

Resuming debate on the consideration of the fourth report (interim) of the Standing Senate Committee on Human Rights, entitled: Canada and the United Nations Human Rights Council: Charting a New Course, tabled in the Senate on June 22, 2010.

After debate,

The Honourable Senator Tardif, for the Honourable Senator Jaffer, moved, seconded by the Honourable Senator Fraser, 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.

Other

Resuming debate on the inquiry of the Honourable Senator Cowan calling the attention of the Senate to the litany of broken promises by the Harper administration, beginning with the broken promise on income trusts, which devastated the retirement savings of so many Canadian seniors.

After debate,

The Honourable Senator Tardif, for the Honourable Senator Mitchell, moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.

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

°    °    °

Orders No. 14, 23, 17 (inquiries), 50 (motion), 11, 25, 26, 21, 5, 8, 28 (inquiries), 85, 84 (motions), 29 (inquiry), 83 (motion), 10 (inquiry), 72 (motion), 27, 3, 13, 24 and 7 (inquiries) were called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Banks:

Whereas the $5, $10 and $50 Canadian banknotes represent Sir Wilfrid Laurier, Sir John A. Macdonald and W.L. Mackenzie King respectively, and whereas each of these bills clearly mention in printed form their name, title and dates of function;

Whereas the $20 banknotes represent a portrait of H.M. Queen Elizabeth II but without her name or title;

The Senate recommends that the Bank of Canada add in printed form, under the portrait of Her Majesty, the name and title of H.M. Elizabeth II, Queen of Canada, to the next series of $20 Canadian banknotes to be printed.

After debate,

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

°    °    °

Order No. 12 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.

°    °    °

Orders No. 34 (inquiry) and 88 (motion) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Frum moved, seconded by the Honourable Senator Ogilvie:

That the Senate recognize the 100th anniversary of International Women's Day and reconfirm its commitment to the Charter's principles of equality and fairness for women and girls in Canada.

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):

Interim Order No. 4 Respecting Passenger Identification and Behaviour Observation (JUS-81100-3-2), dated March 2, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 3/40-937.

Interim Order No. 10 Respecting Mail, Cargo and Baggage (JUS-81100-3-1), dated March 2, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 3/40-938.

Report of the Canada Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the Canada Pension Plan Act, R.S.C. 1985, c. C-8, sbs. 117(2). —Sessional Paper No. 3/40-939.

Report on operations under the Cultural Property Export and Import Act for the fiscal year ended March 31, 2010, pursuant to the Act, R.S.C. 1985, c. C-51, s. 52.—Sessional Paper No. 3/40-940.

Summaries of the Corporate Plan and Operating and Capital Budgets for 2010-2011 to 2014-2015 of the Canadian Museum of Immigration at Pier 21, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-941.

ADJOURNMENT

The Honourable Senator Comeau 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 6 p.m. the Senate was continued until 1:30 p.m. tomorrow.)


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

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Banks replaced the Honourable Senator Fairbairn, P.C. (March 8, 2011).

The Honourable Senator Lovelace Nicholas replaced the Honourable Senator Munson (March 8, 2011).

The Honourable Senator Munson replaced the Honourable Senator Lovelace Nicholas (March 8, 2011).

The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Campbell (March 4, 2011).

Special Senate Committee on Anti-terrorism

The Honourable Senator Furey replaced the Honourable Senator Dallaire (March 8, 2011).

The Honourable Senator Dallaire replaced the Honourable Senator Furey (March 4, 2011).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Moore replaced the Honourable Senator Banks (March 3, 2011).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Wallin replaced the Honourable Senator Poirier (March 3, 2011).

The Honourable Senator Johnson replaced the Honourable Senator Nolin (March 3, 2011).

Standing Senate Committee on Human Rights

The Honourable Senator Jaffer replaced the Honourable Senator Munson (March 8, 2011).

The Honourable Senator Munson replaced the Honourable Senator Jaffer (March 7, 2011).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Peterson replaced the Honourable Senator Campbell (March 8, 2011).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Munson replaced the Honourable Senator Poulin (March 8, 2011).

The Honourable Senator Rivest replaced the Honourable Senator Patterson (March 3, 2011).

The Honourable Senator Lang replaced the Honourable Senator Plett (March 3, 2011).

The Honourable Senator Angus replaced the Honourable Senator Raine (March 3, 2011).

Standing Senate Committee on National Security and Defence

The Honourable Senator Pépin replaced the Honourable Senator Rompkey, P.C. (March 8, 2011).

The Honourable Senator Plett replaced the Honourable Senator Manning (March 3, 2011).

The Honourable Senator Nolin replaced the Honourable Senator Plett (March 3, 2011).

The Honourable Senator Rompkey, P.C., replaced the Honourable Senator Pépin (March 3, 2011).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Furey replaced the Honourable Senator De Bané, P.C. (March 8, 2011).

The Honourable Senator De Bané, P.C., replaced the Honourable Senator Furey (March 7, 2011).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Mercer replaced the Honourable Senator Callbeck (March 8, 2011).


Corrigendum

(Journals of the Senate, Thursday, March 3, 2011)

Add the names of the Honourable Senators *Angus, *Brown, *Lang, *McCoy, *Mitchell, *Neufeld, and *Peterson to the list of Senators in attendance to business.