Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 44
Wednesday, June 10, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Manning, Martin, Massicotte, Meighen, Mercer, 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, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Manning, Martin, Massicotte, Meighen, Mercer, 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, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt
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
Tributes
Tribute was paid to the Honourable Senator Adams, who will retire from the Senate on June 22, 2009.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Reports of the Information Commissioner of Canada for the fiscal year ended March 31, 2009, 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- 461.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the National Governors Association Winter Meeting: Innovation America, held in Washington, D.C., United States, from February 24 to 27, 2007.—Sessional Paper No. 2/40-462.
° ° °
The Honourable Senator Oliver tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Union (IPU), respecting its participation at the 118th IPU Assembly and related meetings, held in Cape Town, South Africa, from April 13 to 18, 2008.—Sessional Paper No. 2/40-463.
Report of the Canadian Delegation of the Inter-Parliamentary Union, respecting its participation at the United Nations Parliamentary Stakeholder Forum on Official Development Assistance, held in Rome, Italy, on June 12 and 13, 2008. —Sessional Paper No. 2/40-464.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-39, An Act to amend the Judges Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
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 at the next sitting.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Ordered, That, notwithstanding the order adopted by the Senate on February 10, 2009, the Senate continue to sit beyond 4 p.m. and proceed with all items under GOVERNMENT BUSINESS, as well as all items under OTHER BUSINESS, Senate Public Bills; and that committees of the Senate scheduled to meet today be authorized to sit even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
Bills
Third reading of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act.
The Honourable Senator Brazeau moved, seconded by the Honourable Senator Lang, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Third reading of Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct), as amended.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler, that the bill, as amended, be read the third time.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Grafstein, that Bill S-4, as amended, be not now read a third time but that it be amended,
(a) in clause 7, on page 5, by adding after line 17 the following:
"(6) The Minister responsible for an entity referred to in subsection (5) that has requested a person to make a false document shall disclose or cause to be disclosed each year, in a report that is published or otherwise made available to the public, the number of times that the entity made such a request during the immediately preceding year.
(7) For the purposes of subsection (6),
(a) the Minister of Public Safety and Emergency Preparedness is the Minister responsible for the Royal Canadian Mounted Police;
(b) the Minister responsible for policing in a province is the Minister responsible for a police force constituted under the laws of that province;
(c) the Minister of National Defence is the Minister responsible for the Canadian Forces; and
(d) the Minister who has responsibility for a department or agency of the federal government or of a provincial government is the Minister responsible for that department or agency.''; and
(b) in clause 9, on page 6,
(i) by replacing line 15 with the following:
"368.2 (1) No public officer, as defined in sub-'', and
(ii) by adding after line 22 the following:
"(2) Subject to subsection (3), every public officer who commits an act that would, but for subsection (1), constitute an offence under any of sections 366 to 368.1 shall, as soon as is feasible after the commission of the act, file a written report with the appropriate senior official describing the act.
(3) A public officer who commits more than one act referred to in subsection (2) involving the same forged document is not required to make more than one report under that subsection in respect of those acts within any twelve month period.
(4) A competent authority, as defined in subsection 25.1(1), may designate senior officials for the purposes of this section.
(5) The competent authority shall include in the annual report referred to in subsection 25.3(1) the number of acts that were reported under subsection (2) to senior officials designated by the competent authority.
(6) In this section, "senior official'' means a senior official who is responsible for law enforcement and who is designated under subsection (4).''.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that Bill S-4, as amended, be not now read a third time but that it be amended,
(a) in clause 1, on page 2, by adding after "or any similar document,'' the following:
"or any other document, apparatus or information storage device that establishes or purports to establish the identity of a person,''; and
(b) in clause 10, on page 7, by replacing line 3 with the following:
"including, without limiting the generality of the foregoing, a fingerprint, voice print, retina''.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson, that further debate on the motions in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Adams, Bacon, Banks, Bryden, Callbeck, Chaput, Cook, Corbin, Cordy, Cowan, Dawson, Day, Downe, Dyck, Eggleton, Fox, Fraser, Furey, Grafstein, Harb, Hervieux-Payette, Jaffer, Joyal, Mahovlich, Massicotte, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Pépin, Peterson, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Tardif, Watt—40
NAYS
The Honourable Senators
Andreychuk, Brazeau, Brown, Champagne, Cochrane, Comeau, Di Nino, Dickson, Eaton, Eyton, Fortin-Duplessis, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Nolin , Oliver, Raine, Rivard, Segal , St. Germain, Stratton, Tkachuk, Wallace, Wallin—34
ABSTENTIONS
The Honourable Senators
Nil
° ° °
Order No. 3 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Dickson, for the second reading of Bill C-4, An Act respecting not-for-profit corporations and certain other corporations.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Dickson, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
° ° °
Orders No. 5 and 6 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-205, An Act to amend the Criminal Code (suicide bombings), as amended.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Banks, that the bill, as amended, be read the third time.
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 21 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Baker, P.C., for the second reading of Bill S-211, An Act to require the Minister of the Environment to establish, in co- operation with the provinces, an agency with the power to identify and protect Canada's watersheds that will constitute sources of drinking water in the future.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Robichaud, P.C., that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
° ° °
Orders No. 23 to 27 were called and postponed until the next sitting.
At 6:09 p.m., pursuant to the order adopted by the Senate earlier this day, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of The Jacques Cartier and Champlain Bridges Incorporated for the fiscal year ended March 31, 2009, 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. 2/40-457.
Reports of The Seaway International Bridge Corporation Ltd. for the fiscal year ended March 31, 2009, 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/ 40-458.
Reports of The Federal Bridge Corporation Limited for the fiscal year ended March 31, 2009, 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- 459.
Reports of the National Defence and Canadian Forces Ombudsman for the fiscal year ended March 31, 2009, 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) and s. 73.—Sessional Paper No. 2/40-460.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Hubley replaced the Honourable Senator Downe (June 9, 2009).
The Honourable Senator Peterson replaced the Honourable Senator Dawson (June 9, 2009).
The Honourable Senator Downe replaced the Honourable Senator Hubley (June 9, 2009).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Housakos replaced the Honourable Senator Johnson (June 10, 2009).
The Honourable Senator Martin replaced the Honourable Senator Duffy (June 10, 2009).
The Honourable Senator Johnson replaced the Honourable Senator Housakos (June 9, 2009).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Lang replaced the Honourable Senator Manning (June 10, 2009).
The Honourable Senator Manning replaced the Honourable Senator Lang (June 9, 2009).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Tkachuk replaced the Honourable Senator Stratton (June 9, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Raine replaced the Honourable Senator Angus (June 10, 2009).