Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 29
Tuesday, April 28, 2009
2:00 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, De Bané, Di Nino, Dickson, Duffy, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Goldstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Martin, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Oliver, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Smith, Spivak, 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, Champagne, Chaput, Charette-Poulin, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, *Day, De Bané, Di Nino, Dickson, *Downe, Duffy, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Goldstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Martin, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, *Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Smith, Spivak, 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.
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to rule 11.
PRAYERS
The Senate observed a minute of silence in memory of Major Michelle Mendes, whose tragic death occurred recently while serving her country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
2003-2004 Annual Report of the Yukon Land Claims and Self-Government Agreements.—Sessional Paper No. 2/ 40-336.
Annual Report of the Aboriginal Healing Foundation for the year 2008.—Sessional Paper No. 2/40-337.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Joyal, P.C., Chair of the Standing Committee on Conflict of Interest for Senators, presented its second report (budget—mandate pursuant to rule 86(1)(t)—power to hire staff).
(The report is printed as appendix "A'' at pages 526-530 (available in print format PDF))
The Honourable Senator Joyal, P.C., 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 Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its fifth report entitled: Early Childhood Education and Care: Next Steps.—Sessional Paper No. 2/ 40-338S.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Rompkey, 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 Hubley, for the Chair of the Standing Senate Committee on Aboriginal Peoples, presented its third report (budget—study on matters generally relating to the Aboriginal Peoples of Canada—power to hire staff and to travel).
(The report is printed as appendix "B'' at pages 531-545 (available in print format PDF))
The Honourable Senator Hubley moved, seconded by the Honourable Senator Chaput, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants) to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, 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.
° ° °
The Honourable Senator Comeau presented a Bill S-6, An Act to amend the Canada Elections Act (accountability with respect to political loans).
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C., 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Tkachuk presented a Bill S-233, An Act to amend the State Immunity Act and the Criminal Code (deterring terrorism by providing a civil right of action against perpetrators and sponsors of terrorism).
The bill was read the first time.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Di Nino, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:
Reply to Question No. 7, dated January 26, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting public appointments.—Sessional Paper No. 2/40-339S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of 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.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Di Nino, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Rivard, for the second reading of Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Segal, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 and 4 were called and postponed until the next sitting.
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 Grafstein, seconded by the Honourable Senator Pépin, for the second reading of Bill S-201, An Act to amend the Library and Archives of Canada Act (National Portrait Gallery).
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 22 to 25 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
Consideration of the second report of the Standing Senate Committee on Transport and Communications (budget—study on emerging issues related to its communication mandate and to report on the wireless sector—power to hire staff and to travel), presented in the Senate on April 23, 2009.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the third report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on current social issues pertaining to Canada's largest cities—power to hire staff and to travel), presented in the Senate on April 23, 2009.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Goldstein, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the fourth report of the Standing Senate Committee on Social Affairs, Science and Technology (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), presented in the Senate on April 23, 2009.
The Honourable Senator Keon moved, seconded by the Honourable Senator Comeau, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the fourth report of the Standing Senate Committee on Legal and Constitutional Affairs (budget—study on the provisions and operation of the DNA Identification Act), presented in the Senate on April 23, 2009.
The Honourable Senator Tardif, for the Honourable Senator Fraser, moved, seconded by the Honourable Senator Cowan, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Order No. 7 was called and postponed until the next sitting.
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.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Brown:
That the Senate embrace the need to consult widely with Canadians to democratize the process of determining the composition and future of the Upper Chamber by urging the Government to:
(a) invite all provincial and territorial governments in writing to assist immediately in the selection of Senators for appointment by democratic means, whether by holding elections to fill Senate vacancies that might occur in their province or territory or through some other means chosen by them;
(b) institute a separate and specific national referendum on the future of the Senate, affording voters the chance to choose abolition, status quo, or an elected Upper Chamber; and
(c) pursue the above initiatives independently of any legislation that it may introduce in this Parliament for reforming the existing term and method of appointment of Senators.
After debate,
The Honourable Senator Brown 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.
Ordered, That Motion No. 50 standing in the name of the Honourable Senator Fairbairn, P.C., be again called.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Ninth Report of the Standing Senate Committee on Agriculture and Forestry tabled in the Senate on Monday, June 16, 2008 during the Second Session of the Thirty-ninth Parliament, entitled: Beyond Freefall: Halting Rural Poverty, be placed on the Orders of the Day for consideration at the next sitting.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Eggleton, P.C.:
That the Senate recognize and endorse April 25th annually as World Malaria Day.
After debate,
The Honourable senator Comeau, for the Honourable Senator Di Nino moved, seconded by the Honourable Senator Nancy Ruth, 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 of the Canada Development Investment Corporation (including Canada Hibernia Holding Corporation and Canada Eldor Inc.), together with the Auditor General's Report, for the year ended December 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/40-333.
Report on the Marine Oil Spill Preparedness and Response Regime for 2004-2006, pursuant to the Canada Shipping Act, R.S.C. 1985, c. S-9, sbs. 660.11(1).—Sessional Paper No. 2/40-334.
Report of the Roosevelt Campobello International Park Commission, together with the Auditors' Report, for the year ended December 31, 2008, pursuant to the Roosevelt Campobello International Park Commission Act, S.C. 1964- 65, c. 19, s. 7. —Sessional Paper No. 2/40-335.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:07 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 Fairbairn, P.C., replaced the Honourable Senator Sibbeston (April 23, 2009).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Segal replaced the Honourable Senator Manning (April 28, 2009).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Zimmer replaced the Honourable Senator Dawson (April 28, 2009).
Standing Senate Committee on Human Rights
The Honourable Senator Pépin replaced the Honourable Senator Munson (April 28, 2009).
The Honourable Senator Munson replaced the Honourable Senator Pépin (April 23, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Cook replaced the Honourable Senator Bryden (April 23, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Day replaced the Honourable Senator Mitchell (April 28, 2009).
The Honourable Senator Zimmer replaced the Honourable Senator Fairbairn, P.C. (April 28, 2009).
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Zimmer (April 27, 2009).
The Honourable Senator Mitchell replaced the Honourable Senator Day (April 27, 2009).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator MacDonald replaced the Honourable Senator Nolin (April 27, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Pépin replaced the Honourable Senator Fox, P.C. (April 27, 2009).