Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 28
Thursday, April 23, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Dickson, Duffy, Dyck, Eggleton, Fortin-Duplessis, Furey, Gerstein, Goldstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Martin, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Peterson, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, *Baker, Banks, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Dickson, *Downe, Duffy, Dyck, Eggleton, Fortin-Duplessis, Furey, Gerstein, Goldstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Martin, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Peterson, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, 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.
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:55 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
April 22nd, 2009
Mr. Speaker:
I have the honour to inform you that the Honourable Thomas Cromwell, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 22nd day of April, 2009, at 4:55 p.m.
Yours sincerely,
Dorothy Grandmaître
For the Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Wednesday, April 22, 2009
An Act to recognize Beechwood Cemetery as the national cemetery of Canada (Bill C-17, Chapter 5, 2009)
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Thursday, April 23, 2009
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FOURTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2009-2010.
Legal and Constitutional Affairs (Legislation)
Professional and Other Services $ 18,250 Transportation and Communications 100 All Other Expenditures 4,000 TOTAL $ 22,350
Library of Parliament (Joint Committee)
Professional and Other Services $ 1,350 Transportation and Communications 6,900 All Other Expenditures 600 TOTAL $ 8,850
Transport and Communications (Legislation)
Professional and Other Services $ 8,000 Transportation and Communications — All Other Expenditures 2,000 TOTAL $ 10,000
(includes funds for participation at conferences)
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Callbeck, 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.
° ° °
The Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its second report (budget—study on emerging issues related to its communication mandate and to report on the wireless sector—power to hire staff and to travel).
(The report is printed as appendix "A'' at pages 475-487 (available in print format PDF))
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C., 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.
° ° °
The Honourable Senator Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its fifth report (Bill C-2, An Act to implement the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), the Agreement on Agriculture between Canada and the Republic of Iceland, the Agreement on Agriculture between Canada and the Kingdom of Norway and the Agreement on Agriculture between Canada and the Swiss Confederation, without amendment).
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Di Nino, 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.
° ° °
The Honourable Senator Hervieux-Payette, P.C., for the Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its second report (Report No. 83 — Indian Act).—Sessional Paper No. 2/40-328S.
° ° °
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its third report (budget—study on current social issues pertaining to Canada's largest cities—power to hire staff and to travel).
(The report is printed as appendix "B'' at pages 488-505 (available in print format PDF))
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Cordy, 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.
° ° °
The Honourable Senator Keon, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fourth report (budget—study on the impact of the multiple factors and conditions that contribute to the health of Canada's population - known collectively as the determinants of health—power to hire staff).
(The report is printed as appendix "C'' at pages 506-511 (available in print format PDF))
The Honourable Senator Keon moved, seconded by the Honourable Senator Duffy, 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.
° ° °
The Honourable Senator Nolin, Deputy Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its fourth report (budget—study on the provisions and operation of the DNA Identification Act).
(The report is printed as appendix "D'' at pages 512-516 (available in print format PDF))
The Honourable Senator Nolin moved, seconded by the Honourable Senator Segal, 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 Nolin tabled the following:
Report of the Canadian Delegation of the NATO Parliamentary Association respecting its participation at the 2008 Annual Session of the NATO Parliamentary Assembly, held in Valencia, Spain, from November 14 to 18, 2008.—Sessional Paper No. 2/40-329.
° ° °
The Honourable Senator Cordy tabled the following:
Report of the Canadian Delegation of the NATO Parliamentary Association respecting its participation at the Parliamentary Transatlantic Forum, held in Washington, DC, United States, on December 15 and 16, 2008.—Sessional Paper No. 2/40-330.
° ° °
The Honourable Senator Oliver tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Union, respecting its participation at the Annual Parliamentary Hearing at the United Nations, held in New York, United States, on November 20 and 21, 2007.—Sessional Paper No. 2/40-331.
Report of the Canadian Delegation of the Inter-Parliamentary Union, respecting its participation at the Women and Work Seminar for Chairpersons and Members of Parliamentary Bodies Dealing with Gender Equality and other Committees Addressing Labour Issues, held in Geneva, Switzerland, from December 6 to 8, 2007.—Sessional Paper No. 2/40-332.
Presentation of Petitions
The Honourable Senator Harb presented petitions:
Of Residents of Canada concerning Canada's commercial seal hunt.
ORDERS OF THE DAY
A point of order was raised with respect to question period.
After debate,
The Speaker reserved his decision.
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Martin, for the third reading of Bill S-2, An Act to amend the Customs Act, as amended.
After debate,
The question being put on the motion, it was adopted.
The bill, as amended, was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-5, An Act to amend the Indian Oil and Gas Act.
The Honourable Senator Lang moved, seconded by the Honourable Senator Dickson, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Lang moved, seconded by the Honourable Senator Dickson, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-216, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (Involvement of Parliament).
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
° ° °
Orders No. 2 to 5 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-232, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act.
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Cordy, that the bill be read the second time.
After debate,
The Honourable Senator Comeau 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.
° ° °
Orders No. 7 to 16 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion by the Honourable Senator Murray, P.C., seconded by the Honourable Senator Atkins for the second reading of Bill S-202, An Act to amend the Canada Elections Act (repeal of fixed election dates).
After debate,
The Honourable Senator Comeau, for the Honourable Senator Brown, moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 18 to 25 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Phalen, seconded by the Honourable Senator Banks, for the second reading of Bill S-223, An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures in order to provide assistance and protection to victims of human trafficking.
After debate,
The Honourable Senator Dickson 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 of Committees
Order No. 1 was called and postponed until the next sitting.
° ° °
Consideration of the third report of the Special Senate Committee on Aging, entitled: Canada's Aging Population: Seizing the Opportunity, tabled in the Senate on April 21, 2009.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Tardif:
That the report be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of State (Seniors), Minister of Veterans Affairs, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, Minister of Human Resources and Skills Development, Minister of Citizenship, Immigration and Multiculturalism, Minister of Health, Minister of State (Status of Women), and the Minister of Canadian Heritage and Official Languages being identified as ministers responsible for responding to the report.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 13, 12 (motions), 12, 2, 10 (inquiries), 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.
INQUIRIES
The Honourable Senator Harb called the attention of the Senate to the need for the Government of Canada to use its resources to transition those Canadians currently involved in the commercial seal hunt into new and viable industries for the benefit of these individuals, their communities and all Canadians.
Debate concluded.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 28, 2009, at 2 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:36 p.m. the Senate was continued until Tuesday, April 28, 2009, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Carstairs, P.C., replaced the Honourable Senator Cook (April 23, 2009).
The Honourable Senator Brazeau replaced the Honourable Senator Nolin (April 23, 2009).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Eyton replaced the Honourable Senator Raine (April 23, 2009).
The Honourable Senator Massicotte replaced the Honourable Senator Chaput (April 22, 2009).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Cochrane replaced the Honourable Senator Stratton (April 23, 2009).
Standing Senate Committee on Human Rights
The Honourable Senator Poy replaced the Honourable Senator Munson (April 23, 2009).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator MacDonald replaced the Honourable Senator Stratton (April 23, 2009).
The Honourable Senator Hubley replaced the Honourable Senator Downe (April 22, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Gerstein replaced the Honourable Senator Martin (April 23, 2009).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Fraser replaced the Honourable Senator Campbell (April 22, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Eyton replaced the Honourable Senator Meighen (April 23, 2009).