58 Elizabeth II, A.D. 2009, Canada

Journals of the Senate

2nd Session, 40th Parliament

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Issue 37

Tuesday, May 26, 2009
1:30 p.m.

The Honourable Rose-Marie Losier-Cool, Speaker pro tempore

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Keon, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Oliver, Pépin, 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, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dawson, *Day, Di Nino, Dickson, Downe, Duffy, *Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Furey, Gerstein, *Grafstein, Greene, Harb, Hervieux-Payette, Housakos, *Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, *Lang, LeBreton, Losier-Cool, *Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, *Nolin, Oliver, Pépin, *Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, *Sibbeston, Smith, Spivak, *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.

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

SENATORS' STATEMENTS

Tributes

Tribute was paid to the memory of the Honourable Orville Phillips, former Senator, whose death occurred on April 24, 2009.

Senators' Statements

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker pro tempore tabled the following:

Annual Report of the Commissioner of Official Languages 2008-2009, entitled Two Official Languages, One Common Space, pursuant to the Official Languages Act, R.C.S. 1985, c. 31 (4th Supp.), s. 66.—Sessional Paper No. 2/ 40-392.

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The Honourable Senator Comeau tabled the following:

Report of the Canadian Forces Provost Marshal for the year 2007.—Sessional Paper No. 2/40-393.

Department of Public Works and Government Services Canada User Fees Amendment Proposal for services relating to the Esquimalt Graving Dock, dated May 20, 2009, pursuant to the User Fees Act, S.C. 2004, c. 6, sbs. 4(2).—Sessional Paper No. 2/40-394.
(Pursuant to Rule 28(3.1), this document is deemed referred to the Standing Senate Committee on Transport and Communications)

Introduction and First Reading of Senate Public Bills

The Honourable Senator Dawson presented a Bill S-236, An Act to amend the Canada Elections Act (election expenses).

The bill was read the first time.

The Honourable Senator Dawson moved, seconded by the Honourable Senator Rompkey, 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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Cochrane moved, seconded by the Honourable Senator Oliver:

That the Standing Senate Committee on Fisheries and Oceans have the power to sit at 5 p.m., on May 26, 2009, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.

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

Presentation of Petitions

The Honourable Senator Harb presented a petition:

Of Residents of the Province of British Columbia concerning Canada's commercial seal hunt.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Orders No. 1 and 2 were called and postponed until the next sitting.

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Second reading of Bill C-4, An Act respecting not-for-profit corporations and certain other corporations.

The Honourable Senator Oliver moved, seconded by the Honourable Senator Dickson, that the bill be read the second time.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Pépin, 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. 4 to 6 were called and postponed until the next sitting.

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Second reading of Bill C-16, An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment.

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill be read the second time.

After debate,

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

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

Order No. 8 was called and postponed until the next sitting.

Motions

The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C.:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (A) for the fiscal year ending March 31, 2010.

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

OTHER BUSINESS

Senate Public Bills

Third reading of Bill S-210, An Act respecting World Autism Awareness Day.

The Honourable Senator Munson moved, seconded by the Honourable Senator Chaput, 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.

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Orders No. 2 to 22 were called and postponed until the next sitting.

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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-209, An Act to amend the Criminal Code (protection of children).

After debate,

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Pépin, 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 motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Bacon, for the second reading of Bill S-218, An Act to amend the Parliamentary Employment and Staff Relations Act.

After debate,

The Honourable Senator Andreychuk 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.

Reports of Committees

Orders No. 1 to 4 were called and postponed until the next sitting.

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Resuming debate on the motion by the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Munson, for the adoption 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 question being put on the motion, it was adopted.

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Orders No. 6 to 11 were called and postponed until the next sitting.

Other

Orders No. 10 (motion), 8 (inquiry), 23, 8, 9 (motions), 10 (inquiry), 7, 25 (motions), 17 (inquiry), 12 and 60 (motions) were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Fairbairn, P.C., 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,

In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the motion be amended by deleting all the words after the first "That'' and replacing them by the following:

"the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on rural poverty in Canada. In particular, the Committee shall be authorized to:

(a) examine the dimension and depth of rural poverty in Canada;

(b) conduct an assessment of Canada's comparative standing in this area, relative to other OECD countries;

(c) examine the key drivers of reduced opportunity for rural Canadians;

(d) provide recommendations for measures mitigating rural poverty and reduced opportunity for rural Canadians; and

That the papers and evidence received and taken on the subject and the work accomplished during the Thirty-ninth Parliament be referred to the Committee.''.

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

The question was then put on the motion, as amended, of the Honourable Senator Fairbairn, P.C., seconded by the Honourable Senator Robichaud, P.C.:

That the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on rural poverty in Canada. In particular, the Committee shall be authorized to:

(a) examine the dimension and depth of rural poverty in Canada;

(b) conduct an assessment of Canada's comparative standing in this area, relative to other OECD countries;

(c) examine the key drivers of reduced opportunity for rural Canadians;

(d) provide recommendations for measures mitigating rural poverty and reduced opportunity for rural Canadians; and

That the papers and evidence received and taken on the subject and the work accomplished during the Thirty-ninth Parliament be referred to the Committee.

The motion, as amended, was adopted.

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Orders No. 19 (inquiry), 28, 44 (motions), 13, 15 (inquiries), 49 and 57 (motions) were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Callbeck, seconded by the Honourable Senator Corbin:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the accessibility of post-secondary education in Canada, including but not limited to:

(a) analysis of the current barriers in post-secondary education, such as geography, family income levels, means of financing for students, debt levels and challenges faced specifically by Aboriginal students;

(b) evaluation of the current mechanisms for students to fund post-secondary education, such as Canada Student Loans Program, Canada Student Grants Program, Canada Access Grants, funding for Aboriginal students, Canada Learning Bonds, and Registered Education Savings Plans;

(c) examination of the current federal/provincial transfer mechanism for post-secondary education;

(d) evaluation of the potential establishment of a dedicated transfer for post-secondary education; and

(e) any other matters related to the study; and

That the Committee submit its final report no later than December 31, 2010, and that the Committee retain until June 30, 2011, all powers necessary to publicize its findings.

After debate,

In amendment, the Honourable Senator Cowan moved, seconded by the Honourable Senator Munson, that the motion be amended by adding immediately after paragraph (b) the following:

"(c) evaluation of the current mechanisms to fund scientific research and development in post-secondary and related institutions and the commercialization of such research;''

And by then relettering the subsequent paragraphs accordingly.

After debate,

The Honourable Senator Eaton moved, seconded by the Honourable Senator Segal, 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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Orders No. 51, 13 (motions), 12, 2 (inquiries) and 46 (motion) were called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Segal calling the attention of the Senate to the government of Iran's imminent nuclear war capacity and its preparations for war in the Middle East, and to the commitment of Canada and its allies, including the USA, Russia, Turkey, the Gulf States, Egypt, Jordan, Saudi Arabia and others, to diplomatic and strategic initiatives that exclude first-use nuclear attack, the ability of Canada to engage with its allies in order to understand, measure and contain this threat, and the capacity of Canada to support allied efforts to prevent a thermonuclear exchange in the Middle East.

After debate,

The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Champagne, P.C., that further debate on the inquiry be adjourned until the next sitting.

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

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Order No. 42 (motion) was called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Rompkey, P.C., calling the attention of the Senate to Canadian policy in the Arctic, especially matters concerning the Inuit and First Nations, the environment, resources and Canadian sovereignty and control.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the inquiry 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):

Order amending Schedule I to the Hazardous Products Act (Glass Doors and Enclosures), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 2/40-374.

Order amending Schedule I to the Hazardous Products Act (Corded Window Covering Products), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 2/40-375.

Report of the Public Service Commission entitled "Audit of Possible Unauthorized Access to Public Service Commission Second Language Evaluation Tests by the Nec Plus Ultra Language School'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23'' and 13.—Sessional Paper No. 2/40-376.

Report of the Public Service Commission entitled "Audit of the Federal Student Work Experience Program and Subsequent Appointments Through Bridging Mechanisms'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23'' and 13.—Sessional Paper No. 2/40-377.

Summaries of the Corporate Plan for 2009-2010 to 2013-2014 and of the Operating and Capital Budgets for 2009- 2010 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-378.

Summaries of the Corporate Plan for 2009-2010 to 2013-2014 and of the Operating and Capital Budgets for 2009- 2010 of the Canada Science and Technology Museum Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-379.

Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2009-2010 to 2013-2014 of the Canadian Museum of Civilization Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-380.

Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2009-2010 to 2013-2014 of the National Gallery of Canada and its affiliate, the Canadian Museum of Contemporary Photography, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-381.

Summaries of the Corporate Plan and the Capital and Operating Budgets for 2009-2010 to 2013-2014 of the Canadian Museum for Human Rights, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-382.

Summaries of the Corporate Plan for 2009-2010 to 2013-2014 and of the Operating and Capital Budgets for 2009- 2010 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F- 11, sbs. 125(4) —Sessional Paper No. 2/40-383.

Summaries of the Corporate Plan for 2009-2010 to 2013-2014 and of the Operating and Capital Budgets for 2009- 2010 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-384.

Summaries of the Corporate Plan for 2008-2009 to 2012-2013 and of the Capital and Operating Budgets for 2008- 2009 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R. S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-385.

Summaries of the Corporate Plan for 2009-2010 to 2013-2014 and of the Capital and Operating Budgets for 2009- 2010 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R. S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-386.

Report on the administration of the Canadian Environmental Protection Act, 1999, for the fiscal year ended March 31, 2006, pursuant to the Act, S.C. 1999, c. 33, sbs. 342(1).—Sessional Paper No. 2/40-387.

Report of the Chicken Farmers of Canada, together with the Auditors' Report, for the year ended December 31, 2008, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/40-388.

Report of the Canadian Egg Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2008, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/40-389.

Report of the Canadian Turkey Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2008, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/40- 390.

Report of the Canadian Hatching Egg Producers, together with the Auditors' Report, for the year ended December 31, 2008, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/40-391.

ADJOURNMENT

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:

That the Senate do now adjourn.

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

(Accordingly, at 4:01 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

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

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Meighen replaced the Honourable Senator Duffy (May 25, 2009).

The Honourable Senator Carstairs, P.C., replaced the Honourable Senator Cordy (May 25, 2009).

The Honourable Senator Mercer replaced the Honourable Senator Campbell (May 14, 2009).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator St. Germain, P.C., replaced the Honourable Senator Raine (May 14, 2009).

The Honourable Senator Lang replaced the Honourable Senator Dickson (May 14, 2009).

Standing Senate Committee on Human Rights

The Honourable Senator Mitchell was removed from the membership of the committee, substitution pending (May 26, 2009).

The Honourable Senator Lovelace Nicholas replaced the Honourable Senator Pépin (May 26, 2009).

The Honourable Senator Martin replaced the Honourable Senator Neufeld (May 26, 2009).

The Honourable Senator Nancy Ruth replaced the Honourable Senator Stratton (May 26, 2009).

The Honourable Senator Mitchell was added to the membership of the committee (May 25, 2009).

The Honourable Senator Pépin replaced the Honourable Senator Lovelace Nicholas (May 25, 2009).

The Honourable Senator Neufeld replaced the Honourable Senator Martin (May 21, 2009).

The Honourable Senator Stratton replaced the Honourable Senator Nancy Ruth (May 21, 2009).

The Honourable Senator Brazeau replaced the Honourable Senator Stratton (May 21, 2009).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Chaput replaced the Honourable Senator Bryden (May 25, 2009).

Standing Senate Committee on National Security and Defence

The Honourable Senator Day replaced the Honourable Senator Mitchell (May 26, 2009).

The Honourable Senator Moore replaced the Honourable Senator Munson (May 25, 2009).

The Honourable Senator Munson replaced the Honourable Senator Moore (May 25, 2009).

The Honourable Senator Mitchell replaced the Honourable Senator Day (May 25, 2009).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Carstairs, P.C., replaced the Honourable Senator Fraser (May 25, 2009).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Segal replaced the Honourable Senator Raine (May 14, 2009).

Standing Senate Committee on Transport and Communications

The Honourable Senator Munson replaced the Honourable Senator Mercer (May 25, 2009).

The Honourable Senator Mockler replaced the Honourable Senator Housakos (May 25, 2009).

The Honourable Senator Eyton replaced the Honourable Senator Prud'homme, P.C. (May 14, 2009).

The Honourable Senator Prud'homme, P.C., replaced the Honourable Senator Eyton (May 14, 2009).

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