Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 48
Thursday, June 18, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Angus, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Corbin, Cordy, Cowan, Dawson, Day, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Massicotte, McCoy, 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, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
*Andreychuk, Angus, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, *Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Massicotte, McCoy, 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, 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.
PRAYERS
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
June 18th, 2009
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, will proceed to the Senate Chamber today, the 18th day of June, 2009, at 4:30 p.m., for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
Thursday, June 18, 2009
The Standing Senate Committee on Transport and Communications has the honour to present its
SIXTH REPORT
Your committee, to which was referred Bill C-7, An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts, has, in obedience to the order of reference of Wednesday, June 3, 2009, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
Observations to the Sixth Report of the Standing Senate Committee on Transport and Communications
Your committee notes that some stakeholders are quite concerned with the provisions in Bill C-7 respecting maritime liens and marine adventure tourism activities. Stakeholders recommended that the maritime lien provisions require a contract between a Canadian ship supplier and the foreign shipowner or a person authorized by the shipowner. With respect to marine adventure tourism activities, a common recommendation from representatives of the legal community was that, inorder for an operator to be excluded from Part 4 of the Marine Liability Act, the operator must provide a seaworthy vessel, property crewed, at the commencement of the voyage. Representatives of the legal community believe that adding this condition to the legislation will prevent operators of unsafe vessels from using a waiver to eliminate their liability to their passengers in case of an accident. Having heard these concerns, your committee will monitor the impact of these provisions and be prepared to seek an order of reference to review provisions relating to the maritime lien and marine adventure tourism activities, should it be necessary.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Eyton, 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 St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its seventh report (Bill C-41, An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts, without amendment).
With leave of the Senate,
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Nancy Ruth, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its eighth report (budget—release of additional funds (study on matters generally relating to the Aboriginal Peoples of Canada)).
(The report is printed as an appendix at pages 1161-1167 (available in print format PDF))
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Oliver, 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 Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its ninth report (Bill C-39, An Act to amend the Judges Act, without amendment).
With leave of the Senate,
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Oliver, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Angus, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its eleventh report (Bill C-38, An Act to amend the Canada National Parks Act to enlarge Nahanni National Park Reserve of Canada, without amendment).
With leave of the Senate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Angus, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its twelfth report (Bill S-208, An Act to amend the Food and Drugs Act (clean drinking water), without amendment).
With leave of the Senate,
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Stollery, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Eyton, Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its third report (Report No. 84 — Broadcasting Licence Fees Regulations, 1997.—Sessional Paper No. 2/40-495S.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Cordy tabled the following:
Report of the Canadian Delegation of the NATO Parliamentary Association respecting the visit to Vienna, Austria, and Geneva, Switzerland, by the Science and Technology Committee Sub-Committee on Energy and Environmental Security, from April 27 to 30, 2009. —Sessional Paper No. 2/40-496.
° ° °
The Honourable Senator Oliver tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Union, respecting its participation at the Annual 2008 Session of the Parliamentary Conference on the World Trade Organization, held in Geneva, Switzerland, from September 8 to 10, 2008. —Sessional Paper No. 2/40-497.
Report of the Canadian Delegation of the Inter-Parliamentary Union (IPU), respecting its participation at the 119th IPU Assembly and related meetings, held in Geneva, Switzerland, from October 13 to 15, 2008, and at the conference entitled Informing Democracy: Building Capacity to Meet Parliamentarians' Information and Knowledge Needs, held in Geneva, Switzerland, on October 16, 2008.—Sessional Paper No. 2/40-498.
° ° °
The Honourable Senator Cordy tabled the following:
Report of the Canadian Delegation of the NATO Parliamentary Association respecting the visit to Zagreb, Croatia by the Political Committee Sub-Committee on Transatlantic Relations, from March 25 to 27, 2009.—Sessional Paper No. 2/40-499.
Notices of Motions
With leave of the Senate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne:
That the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit today, Thursday, June 18, 2009 at 2:45 p.m., 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.
ORDERS OF THE DAY
A point of order was raised with respect to a senator's statement.
Debate.
SPEAKER'S RULING
Honourable senators, I concur with the point of order raised by the Honourable Senator Carstairs. I listened carefully because I attended the Committee of the Whole. I wish to sustain the view that the Speaker pro tempore, in my judgment, conducted the Committee of the Whole in a proper manner; and I support the way in which she dealt with the matter.
Honourable senators, we have been asked, in this chair, to comment on the purpose of Senators' Statements and how senators make their statements. I simply wish to repeat all that I have said, as your Speaker, about Senators' Statements up to this point in this Parliament and what we had to say in the last Parliament.
It is important for us all to dig a little deeper and understand, as has been recognized by honourable senators themselves, that we address ourselves as honourable senators because we are honourable senators. It is also important, in my judgment, that we be circumspect. Sometimes it is even a virtue to have custody of the tongue. I would invite honourable senators to be mindful of that and to keep Senators' Statements for the intent and the purpose for which it is really designed.
Many honourable senators who have long experience in this house have had the opportunity to share their experience with those of us when we arrived. I do recall, on one occasion in my first few months in the Senate, leaving the chamber at the end and our very distinguished former colleague, Heath Macquarrie, came up to me. That day I had had the audacity to make a statement and I think also to ask a question. He said to me, "Now, young man, once a day is quite sufficient.''
Honourable senators, I think it is important that we learn from each other. What I would like us always to remember is that this is the Senate. It is the upper house. It is a place where the throne is found. The quality of our debate, the quality of our statements is at a different plateau, both in form and substance — and I underscore both form and substance.
I think Senator Carstairs has made a good point of order. I concur in it, and I would invite all honourable senators to be as prudent and as perspective as we can be.
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-38, An Act to amend the Canada National Parks Act to enlarge Nahanni National Park Reserve of Canada.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, 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 C-41, An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Cochrane, 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.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its tenth report (Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants), without amendment).
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be read the third time at the next sitting.
The question being put on the motion, it was adopted.
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-39, An Act to amend the Judges Act.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Champagne, P.C., 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 C-33, An Act to amend the War Veterans Allowance Act.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Keon, 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.
° ° °
Orders No. 2 to 7 were called and postponed until the next sitting.
Motions
Order No. 1 was 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-208, An Act to amend the Food and Drugs Act (clean drinking water).
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, 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 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.
Ordered, That Order No. 9 be brought forward.
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 Carstairs, 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.
Ordered, That Order No. 1 under Reports of Committees be brought forward.
Resuming debate on the motion by the Honourable Senator Fairbairn, P.C., seconded by the Honourable Senator Grafstein, that the fourth report of the Standing Senate Committee on Agriculture and Forestry, entitled: Beyond Freefall: Halting Rural Poverty, tabled in the Senate on June 4, 2009, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Ministers of Agriculture and Agri- Food; of National Revenue and of State (Agriculture); of Citizenship, Immigration and Multiculturalism; of Environment; of Finance; of Fisheries and Oceans; of Health; of Human Resources and Skills Development; of Justice and Attorney General of Canada; of Industry; and of Natural Resources being identified as Ministers responsible for responding to the report;
And on the motion in amendment of the Honourable Senator Mercer, seconded by the Honourable Senator Lovelace Nicholas, that the motion be amended by:
(i) inserting, before the words "Ministers of'', the words "President of the Queen's Privy Council for Canada being identified as Minister responsible for responding to the report, in consultation with the'', and
(ii) deleting all words following the words "Natural Resources''.
After debate,
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 Grafstein, that the fourth report of the Standing Senate Committee on Agriculture and Forestry, entitled: Beyond Freefall: Halting Rural Poverty, tabled in the Senate on June 4, 2009, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the President of the Queen's Privy Council for Canada being identified as Minister responsible for responding to the report, in consultation with the Ministers of Agriculture and Agri-Food; of National Revenue and of State (Agriculture); of Citizenship, Immigration and Multiculturalism; of Environment; of Finance; of Fisheries and Oceans; of Health; of Human Resources and Skills Development; of Justice and Attorney General of Canada; of Industry; and of Natural Resources.
The motion, as amended, was adopted.
Ordered, That Order No. 10 under Reports of Committees be brought forward.
Resuming debate on the consideration of the eighth report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: A Healthy, Productive Canada: A Determinant of Health Approach, tabled in the Senate on June 3, 2009.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Wallace, that the report be adopted.
The question being put on the motion, it was adopted.
Ordered, That Inquiry No. 27 standing in the name of the Honourable Senator Spivak on the Notice Paper be brought forward.
INQUIRIES
The Honourable Senator Spivak called the attention of the Senate to Canadians' support for new direction in food production.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That the Senate proceed to the Notice Paper, Motions.
MOTIONS
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Oliver:
That, pursuant to rule 95(3)(a), the Standing Senate Committee on Fisheries and Oceans be authorized to sit this summer as part of its travel plans, for the purposes of its study of issues relating to the federal government's current and evolving policy framework for managing Canada's fisheries and oceans, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, P.C.:
That notwithstanding the Order of the Senate adopted on February 26, 2009, the date for the presentation of the final report by the Standing Senate Committee on Legal and Constitutional Affairs on the provisions and operation of the DNA Identification Act (S.C. 1998, c. 37) be extended from June 30, 2009 to December 31, 2009.
The question being put on the motion, it was adopted.
Pursuant to rule 134(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.
After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne.
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
"It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the title of the bills to be assented to as follows:
An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts (Bill C-18, Chapter 13, 2009)
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 (Bill C-16, Chapter 14, 2009)
An Act to increase the availability of agricultural loans and to repeal the Farm Improvement Loans Act (Bill C-29, Chapter 15, 2009)
An Act to implement the Free Trade Agreement between Canada and the Republic of Peru, the Agreement on the Environment between Canada and the Republic of Peru and the Agreement on Labour Cooperation between Canada and the Republic of Peru (Bill C-24, Chapter 16, 2009)
An Act to amend the Canada National Parks Act to enlarge Nahanni National Park Reserve of Canada (Bill C-38, Chapter 17, 2009)
An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts (Bill C-41, Chapter 18, 2009)
An Act to amend the Judges Act (Bill C-39, Chapter 19, 2009)
An Act to amend the War Veterans Allowance Act (Bill C-33, Chapter 20, 2009)
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills.''
4:59 p.m.
The Commons withdrew.
After which Her Excellency the Governor General was pleased to retire.
At 5:01, the sitting resumed.
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 Oliver:
That when the Senate adjourns today, it do stand adjourned until Monday, June 22, 2009, at 4 p.m.
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That on Monday, June 22, 2009, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence be authorized to meet at their approved meeting times as determined by the Government and Opposition Whips, even if the Senate is then sitting, and that the application of rule 95(4) be suspended in relation thereto; and
That on Monday, June 22, 2009, other Senate committees be authorized to meet even if the Senate is then sitting, provided that both the Government and the Opposition Whips agree to the meeting, and that the application of rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the Employment Equity Act (Labour) for the year 2008, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No.2/40-489.
Report on transportation in Canada for the year 2008, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No.2/40-490.
Order Amending Schedule 1 to the Canada Shipping Act, 2001 (addition of the Great Lakes Water Quality Agreement, 1978, the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001, and the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004), pursuant to the Canada Shipping Act, R.S.C. 2001, c. 26, sbs. 30(2).—Sessional Paper No.2/40-491.
Summaries of the Corporate Plan for 2009-2010 to 2013-2014 and of the Operating and Capital Budgets for 2009- 2010 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No.2/40-492.
Report of the Royal Canadian Mint for the year ended December 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No.2/40-493.
Report of the Pacific Pilotage Authority for the fiscal year ended March 31, 2009, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No.2/40-494.
ADJOURNMENT
The Honourable Senator Comeau, moved, seconded by the Honourable Senator MacDonald:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:04 p.m. the Senate was continued until Monday, June 22, 2009, at 4 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Hubley replaced the Honourable Senator Fairbairn, P.C. (June 18, 2009).
The Honourable Senator Lang replaced the Honourable Senator Martin (June 18, 2009).
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Hubley (June 17, 2009).
The Honourable Senator Peterson replaced the Honourable Senator Fairbairn, P.C. (June 17, 2009).
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Peterson (June 17, 2009).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Stratton replaced the Honourable Senator Greene (June 17, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Cook replaced the Honourable Senator Munson (June 18, 2009).
The Honourable Senator Lang replaced the Honourable Senator Martin (June 18, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Zimmer replaced the Honourable Senator Banks (June 18, 2009).
The Honourable Senator Eyton replaced the Honourable Senator Stratton (June 18, 2009).