Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 24
Wednesday, April 1, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Chaput, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Gerstein, Goldstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Pépin, Peterson, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Chaput, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Gerstein, Goldstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, *Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, *Oliver, Pépin, Peterson, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
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.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Joyal, P.C., tabled the following (Sessional Paper No. 2/40-280S):
Wednesday, April 1, 2009
The Standing Committee on Conflict of Interest for Senators has the honour to present its
FIRST REPORT
Pursuant to rule 104 (2), the committee reports that the expenses incurred by the committee during the Second Session of the Thirty-ninth Parliament and the Intersessional Authority during the period following dissolution of the Thirty-ninth Parliament were as follows:
Conflict of Interest (October 16, 2007 to September 7, 2008):
Professional & Other Services $ 914 Transport and Communications — TOTAL $ 914
Intersessional Authority (September 9, 2008 to March 25, 2009):
Professional & Other Services $ — Transport and Communications — TOTAL $ —
In its first report, which was tabled in the Senate on January 30, 2008, your committee reported on its expenses and activities in the First Session of the Thirty-ninth Parliament, pursuant to rule 104 (2).
Your committee's second report requested funds for the fiscal year ending March 31, 2008, and requested that it be empowered to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its activities. The report was tabled on February 13, 2008, and adopted by the Senate on February 26, 2008.
The third report of your committee, which was tabled in the Senate on April 15, 2008, requested funds for the fiscal year ending March 31, 2009. The report was adopted on April 16, 2008.
In its fourth report, your committee recommended amendments to the Conflict of Interest Code for Senators following the completion its comprehensive review of the Code's provisions and operation. This review was mandated by the provisions of the Code. The proposed amendments were aimed to adjust, improve and refine the provisions of the Code. The report was presented to the Senate on May 28, 2008, and adopted on May 29, 2008.
The membership of your committee for the Second Session of the Thirty-ninth Parliament was approved by the Senate on December 13, 2007.
Respectfully submitted,
SERGE JOYAL
Chair
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-5, An Act to amend the Criminal Code and another Act.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Duffy, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Nolin tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Spring Session 2008, held in Berlin, Germany, from May 23 to 27, 2008.—Sessional Paper No. 2/40-281.
Report of the Canadian NATO Parliamentary Association respecting the visit to Ottawa, Ontario, and Montreal, Quebec, by the Science and Technology Committee, from July 7 to 10, 2008. —Sessional Paper No. 2/40-282.
° ° °
The Honourable Senator Di Nino tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Co-operation in Europe Parliamentary Assembly's Election Observation Mission in Georgia, from January 1 to 7, 2008.—Sessional Paper No. 2/40-283.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Co-operation in Europe Parliamentary Assembly's 7th Winter Meeting, held in Vienna, Austria, on February 21 and 22, 2008.—Sessional Paper No. 2/40-284.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Co-operation in Europe Parliamentary Assembly's Bureau Meeting, held in Copenhagen, Denmark, on April 14, 2008.—Sessional Paper No. 2/40-285.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Co-operation in Europe Parliamentary Assembly's Election Observation Mission in Georgia, from May 17 to 22, 2008.—Sessional Paper No. 2/40-286.
Presentation of Petitions
The Honourable Senator Harb presented a petition:
Of Residents of the Province of Ontario concerning Canada's commercial seal hunt.
ORDERS OF THE DAY
Pursuant to rule 59(10), the Honourable Senator Wallin raised a question of privilege concerning the proceedings of the Standing Senate Committee on National Security and Defence in relation to the subject of veterans affairs.
After debate,
The Speaker reserved his decision.
° ° °
Pursuant to rule 59(10), the Honourable Senator Harb raised a question of privilege with respect to comments that had been made by an honourable senator during debate on Inquiry No. 11 on March 31, 2009.
After debate,
The Speaker reserved his decision.
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Rivard, that the bill be read the second time.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Jaffer, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Comeau calling the attention of the Senate to the budget entitled Canada's Economic Action Plan, tabled in the House of Commons on January 27, 2009 by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on January 28, 2009.
After debate,
The Honourable Senator Dickson moved, seconded by the Honourable Senator Tkachuk, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the second report of the Standing Senate Committee on National Security and Defence (Bill S-2, An Act to amend the Customs Act, with an amendment), presented in the Senate on March 31, 2009.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Downe, that the report be adopted.
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Zimmer, 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
Orders No. 1 to 20 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-213, An Act to amend the Income Tax Act (carbon offset tax credit).
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Goldstein, seconded by the Honourable Senator Zimmer, for the second reading of Bill S-219, An Act to amend the Bankruptcy and Insolvency Act (student loans).
A point of order was raised concerning the acceptability of the bill.
After debate,
The Speaker reserved his decision.
° ° °
Resuming debate on the motion of the Honourable Senator Goldstein, seconded by the Honourable Senator Fraser, for the second reading of Bill S-220, An Act respecting commercial electronic messages.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon, 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 S-222, An Act to amend the International Boundary Waters Treaty Act (bulk water removal).
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, that the bill be read the second time.
After debate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Other
Order No. 2 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Tardif:
That the matter of the Government's erroneous statement concerning the proceedings of the Senate, as appeared on its website "actionplan.gc.ca'', be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for consideration and report.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Comeau.
° ° °
Orders No. 10 (inquiry), 46, 5 (motions), 1 (inquiry), 42, 10 (motions), 6, 8 (inquiries), 23, 6, 7, 8, 9, 25 (motions) and 7 (inquiry) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Cochrane:
That the Senate approve in principle the installation of equipment necessary to the broadcast quality audio-visual recording of its proceedings and other approved events in the Senate Chamber and in no fewer than four rooms ordinarily used for meetings by committees of the Senate;
That for the purposes set out in the following paragraph, public proceedings of the Senate and of its committees be recorded by this equipment, subject to policies, practices and guidelines approved from time to time by the Standing Committee on Internal Economy, Budgets and Administration ("the committee'');
That selected and packaged proceedings categorized according to subjects of interest be prepared and made available for use by any television broadcaster or distributor of audio-visual programmes, subject to the terms specified in any current or future agreements between the Senate and that broadcaster or distributor;
That such selected proceedings also be made available on demand to the public on the Parliamentary Internet;
That the Senate engage by contract a producer who shall, subject only to the direction of that committee, make the determination of the programme content of the selected and categorized proceedings of the Senate and of its committees;
That equipment and personnel necessary for the expert selection, preparation and categorization of broadcast- quality proceedings be secured for these purposes; and
That the committee be instructed to take measures necessary to the implementation of this motion.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.
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 operations under the Bretton Woods and Related Agreements Act for the year 2008, pursuant to the Act, R.S.C. 1985, c. B-7, s. 13.—Sessional Paper No. 2/40-275.
Report on the administration of the Canada Small Business Financing Act for the fiscal year ended March 31, 2008, pursuant to the Act, S.C. 1998, c. 36, ss. 18 and 20.—Sessional Paper No. 2/40-276.
Report on operations under the European Bank for Reconstruction and Development Agreement Act for the year 2008, pursuant to the European Bank for Reconstruction and Development Agreement Act, S.C. 1991, c. 12, s. 7.—Sessional Paper No. 2/40-277.
Reports of Export Development Canada and Exinvest Inc. for the year ended December 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/40- 278.
Reports of the Pacific Pilotage Authority for the year ended December 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 2/40-279.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:56 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 Fisheries and Oceans
The Honourable Senator Brown replaced the Honourable Senator Johnson (April 1, 2009).
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Cochrane (April 1, 2009).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Housakos replaced the Honourable Senator Wallin (March 31, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Campbell replaced the Honourable Senator Peterson (April 1, 2009).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Munson replaced the Honourable Senator Carstairs, P.C. (March 31, 2009).