Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 34
Tuesday, May 12, 2009
2:00 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, Champagne, Chaput, Charette-Poulin, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, Day, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Wallace, Wallin, 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, Corbin, Cordy, Cowan, Dawson, Day, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Wallace, Wallin, 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
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Certificate of Nomination and biographical notes of Karen E. Shepherd, the nominee for the position of Commissioner of Lobbying.—Sessional Paper No. 2/40-366.
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The Honourable the Speaker tabled the following:
The 2009 Spring Reports of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(5), and of the Commissioner of the Environment and Sustainable Development to the House of Commons, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(5) together with an Addendum containing copies of Environmental Petitions received between July 1, 2008 and December 31, 2008.—Sessional Paper No. 2/40-367.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Oliver, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its third report (amendments to the Rules of the Senate—questions of privilege).
(The report is printed as an appendix at pages 669-673.)
The Honourable Senator Oliver moved, seconded by the Honourable Senator Brown, 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-18, An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts, 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 Keon, 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.
With leave,
The Senate reverted to Tabling of Documents.
With leave of the Senate,
The Honourable Senator Callbeck tabled the following:
Legal Opinion given by the Heenan Blaikie law firm on December 4, 2008 regarding proposed amendments to the Canada Pension Plan for retroactivity of retirement and survivor pensions (Bill S-234).—Sessional Paper No. 2/40- 368S.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Hervieux-Payette, P.C., presented a Bill S-235, An Act to provide the means to rationalize the governance of Canadian businesses during the period of national emergency resulting from the global financial crisis that is undermining Canada's economic stability.
The bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Banks, 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.
SPEAKER'S RULING
On May 6, at the end of Question Period, Senator Poulin rose on a point of order respecting a senator's statement made earlier in the sitting. She felt that it had been excessively partisan. While recognizing that senators have party affiliations, Senator Poulin referred to rule 22(4) in urging that Senators' Statements be used to raise issues of general public interest, including outstanding accomplishments by Canadians.
In response, Senator Comeau suggested that the statement had been broadly in line with others made recently, reflecting the undeniable fact that the Senate is a political forum. Several other senators then spoke on both sides of the matter before the Chair took the issue under advisement.
Honourable senators, the conduct and the substance of Senators' Statements have been explored in several recent rulings. The issue of order and decorum during Question Period, which is also relevant to this subject, has also been addressed on a number of occasions.
Under rule 22(4) senators can, "without notice, raise matters they consider need to be brought to the urgent attention of the Senate ... which are of public consequence and for which the rules and practices of the Senate provide no immediate means of bringing ... to the attention of the Senate.'' The rule makes clear that, in making a statement, "a Senator shall not anticipate consideration of any Order of the Day and shall be bound by the usual rules governing the propriety of debate. Matters raised during this period shall not be subject to debate.''
Since Senators' Statements is a time-limited portion of the sitting, practice has been to avoid points of order at this stage. Therefore, as noted in a ruling of May 7, 2008, "Senators must, usually, rely on their own understanding of the appropriate matters for statements. This is evident from the rule itself, which states that Senators may raise matters that `they consider' to be urgent.''
While honourable senators have considerable freedom in framing their statements, they should always be guided by the customs and the practices that we value and that contribute to the distinctive atmosphere of this house. The tradition here is that senators themselves are to a great extent responsible for maintaining order. In practice, the Senate is largely self-regulating, and Speakers have been careful not to be too interventionist.
Precisely because the Senate operates in this way, it functions best when business proceeds in a courteous and dignified manner appropriate to the chamber of sober second thought. I again emphasize this point, and again urge all honourable senators to reflect on the manner in which we conduct ourselves. Let us preserve the useful exchange of ideas that has been the tradition and indeed distinguishing feature of this institution. We can contribute to this goal by avoiding deliberatively provocative remarks, thus better serving all honourables senators.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Tkachuk, for the second reading of Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Second reading of Bill C-11, An Act to promote safety and security with respect to human pathogens and toxins.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Gerstein, that the bill be read the second time.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 3 to 6 were called and postponed until the next sitting.
Reports of Committees
Consideration of the third report of the Standing Senate Committee on Transport and Communications (Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992, with an amendment), presented in the Senate on May 7, 2009.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Nolin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Nolin, that the bill, as amended, 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
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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 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.
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Orders No. 10 to 21 were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Day, for the second reading of Bill S-224, An Act to amend the Canada Elections Act and the Parliament of Canada Act (vacancies);
And on the motion in amendment of the Honourable Senator Segal, seconded by the Honourable Senator Nancy Ruth, that BillS-224 be not now read a second time but that the subject matter thereof be referred to the Standing Senate Committee on Legal and Constitutional Affairs;
That the committee report back no later than September 22, 2009; and
That the Order to resume debate on the motion for the second reading of the bill not appear on the Order Paper and Notice Paper until the committee has tabled its report on the subject matter of the bill.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Baker, 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.
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Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Fairbairn, P.C., for the second reading of Bill S-214, An Act to regulate securities and to provide for a single securities commission for Canada.
After debate,
The Honourable Senator Meighen 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.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Fraser, that the second report of the Standing Senate Committee on Fisheries and Oceans, entitled Rising to the Arctic Challenge: Report on the Canadian Coast Guard, deposited with the Clerk of the Senate on May 4, 2009, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Fisheries and Oceans, the Minister of Transport, the Minister of Foreign Affairs and International Trade, the Minister of Indian and Northern Affairs, and the Minister of National Defence being identified as ministers responsible for responding to the report.
The question being put on the motion, it was adopted.
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Order No. 2 was called and postponed until the next sitting.
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Consideration of the third report of the Standing Senate Committee on Fisheries and Oceans (budget—study on the evolving policy framework for managing Canada's fisheries and oceans—power to hire staff and to travel), presented in the Senate on May 7, 2009.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Munson, that the report be adopted.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Consideration of the sixth report of the Standing Senate Committee on Foreign Affairs and International Trade (budget—study on China, India and Russia), presented in the Senate on May 7, 2009.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Andreychuk, that the report be adopted.
The question being put on the motion, it was adopted.
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Consideration of the seventh report of the Standing Senate Committee on Foreign Affairs and International Trade (budget—study on foreign relations in general), presented in the Senate on May 7, 2009.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, that the report be adopted.
The question being put on the motion, it was adopted.
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Consideration of the second report of the Standing Senate Committee on Agriculture and Forestry (budget—study on the current state and future of Canada's forest sector—power to hire staff), presented in the Senate on May 7, 2009.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
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Consideration of the third report of the Standing Senate Committee on Agriculture and Forestry (budget—study on the current state and future of agriculture and agri-food in Canada—power to hire staff), presented in the Senate on May 7, 2009.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Grafstein, that the report be adopted.
The question being put on the motion, it was adopted.
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Order No. 8 was called and postponed until the next sitting.
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Consideration of the third report of the Standing Senate Committee on National Security and Defence (budget—study on the national security policy—power to hire staff and to travel), presented in the Senate on May 7, 2009.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The Honourable Senator Tkachuk 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.
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Resuming debate on the consideration of the fifth report of the Standing Senate Committee on Legal and Constitutional Affairs, entitled: Equal Justice: Reforming Canada's System of Courts Martial, tabled in the Senate on May 5, 2009.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
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Orders No. 11 and 12 were called and postponed until the next sitting.
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Consideration of the second report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules of the Senate—reinstatement of bills from the previous session of the same Parliament), presented in the Senate on March11, 2009.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Brown, that the report be adopted.
After debate,
The Honourable Senator Oliver 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.
Other
Orders No. 50 (motion), 19 (inquiry), 28, 44 (motions), 13, 15 (inquiries), 49, 57, 6, 51 and 13 (motions) were called and postponed until the next sitting.
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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 Duffy 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.
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Orders No. 12, 2, 10 (inquiries), 46 (motion), 1 (inquiry), 42, 10 (motions), 6, 8 (inquiries), 23, 7, 8, 9 and 25 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Champagne, P.C., moved, seconded by the Honourable Senator Eaton:
That the Senate unanimously urge the two Ministers responsible for the Olympic and Paralympic Games to do everything in their power to make VANOC and the Broadcasting Consortium quickly reach an agreement that will ensure the broadcasting of the 2010 Paralympic Games in Vancouver and Whistler.
After debate,
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., 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 Post Corporation, 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- 361.
Summaries of the Corporate Plan for the period 2008-2009 to 2012-2013 and of the Operating and Capital Budgets for 2008-2009 of the Blue Water Bridge Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No.2/40-362.
Report of the Federal Bridge Corporation Limited, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs 150(1).—Sessional Paper No.2/40-363.
Report of the Great Lakes Pilotage Authority, 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.2/40-364.
Report of the Canada Deposit Insurance Corporation for the fiscal year ended March 31, 2009, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No.2/40-365.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nancy Ruth:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:38 p.m. the Senate was continued until 1:30p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Massicotte replaced the Honourable Senator Dawson (May 12, 2009).
The Honourable Senator Dawson replaced the Honourable Senator Massicotte (May 11, 2009).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Massicotte replaced the Honourable Senator Mahovlich (May 12, 2009).
The Honourable Senator Zimmer replaced the Honourable Senator De Bané, P.C. (May 11, 2009).
Standing Senate Committee on Human Rights
The Honourable Senator Adams replaced the Honourable Senator Pépin (May 7, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Bryden replaced the Honourable Senator Rompkey, P.C. (May 7, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Gerstein replaced the Honourable Senator Wallin (May 12, 2009).
The Honourable Senator Wallin replaced the Honourable Senator Gerstein (May 11, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Mitchell replaced the Honourable Senator Zimmer (May 11, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Keon replaced the Honourable Senator Stratton (May 12, 2009).
The Honourable Senator Stratton replaced the Honourable Senator Keon (May 12, 2009).
The Honourable Senator Raine replaced the Honourable Senator Martin (May 11, 2009).