Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 50
Tuesday, June 23, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Dickson, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Ringuette, Rivard, Robichaud, Segal, Sibbeston, St. Germain, Stratton, Tardif, Tkachuk, Wallace, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Dickson, *Downe, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Ringuette, Rivard, Robichaud, Segal, Sibbeston, St. Germain, Stratton, Tardif, Tkachuk, Wallace, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Senate Public Bills
The Honourable Senator Cowan presented a Bill S-239, An Act to amend the Conflict of Interest Act (gifts).
The bill was read the first time.
The Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif, 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 Tkachuk presented a Bill S-240, An Act respecting a national day of service to honour the courage and sacrifice of Canadians in the face of terrorism, particularly the events of September 11, 2001.
The bill was read the first time.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, 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 Chaput moved, seconded by the Honourable Senator Mahovlich:
That notwithstanding the order of the Senate adopted on February 25, 2009, the Standing Senate Committee on Official Languages, which was authorized to examine and to report on issues relating to the application of the Official Languages Act and of the regulations and directives made under it, within those institutions subject to the Act, be empowered to deposit a report with the Clerk of the Senate between August 4 and 14, 2009 inclusive, if the Senate is not sitting; and that the report be deemed to have been tabled in the Senate.
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. 24, dated March 11, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Mitchell, respecting Canada's obligations under the United Nations Security Council Resolution 1325.—Sessional Paper No. 2/40-514S.
Reply to Question No. 30, dated April 22, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Spivak, respecting the inspection and grading of Prairie wheat.—Sessional Paper No. 2/40-515S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third 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 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.
° ° °
Third 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 Rivard, 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-48, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2010.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Martin, 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.
° ° °
Third reading of Bill C-49, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2010.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Angus, 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.
° ° °
Orders No. 5 to 8 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-6, An Act respecting the safety of consumer products.
The Honourable Senator Martin moved, seconded by the Honourable Senator Nancy Ruth, that the bill be read the second time.
After debate,
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 10 and 11 were called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator LeBreton, P.C.:
That,
Whereas His Highness the Aga Khan, leader of the worldwide Ismaili Muslim Community, is a beacon of humanitarianism, pluralism and tolerance throughout the world;
Whereas in addition to the spiritual leadership he provides to the worldwide Ismaili community, the Aga Khan is also actively involved in humanitarian and development projects throughout Asia and Africa;
Whereas Canadians are grateful for the Aga Khan's efforts in Afghanistan where today the Aga Khan Development Network is a vital partner in our efforts to secure and improve the lives of Afghan citizens;
Whereas Canada is proud to have partnered with the Aga Khan to build the Global Centre for Pluralism in Ottawa which will promote ethnic, cultural and religious tolerance in Canada and worldwide;
Whereas Canada has previously acknowledged the contributions of other leading champions of human dignity, granting them honorary Canadian citizenship;
Therefore, the Senate of Canada resolves to bestow the title "honorary Canadian citizen'' on His Highness the Aga Khan.
After debate,
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the ninth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled: Study on the 2008 Legislative Review of Export Development Canada, tabled in the Senate on June 9, 2009.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Andreychuk, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 18 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Nolin, for the second reading of Bill S-228, An Act to amend the Financial Administration Act and the Bank of Canada Act (quarterly financial reports).
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Brown, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 20 to 22 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion by the Honourable Senator Oliver, seconded by the Honourable Senator Dickson, for the adoption of the fourth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (question of privilege regarding a Government of Canada website), presented in the Senate on May 13, 2009.
After debate,
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the consideration of the ninth report of the Standing Senate Committee on Energy, the Environment and Natural Resources entitled: Report Addressing Bill C-10, Navigable Waters Protection Act, tabled in the Senate on June 11, 2009.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Lovelace Nicholas, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 6 and 7 were called and postponed until the next sitting.
° ° °
Consideration of the sixth report of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled: With Respect, Canada's North, tabled in the Senate on May 13, 2009.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 9 to 11 were called and postponed until the next sitting.
Other
Orders No. 25 (inquiry), 51, 86 (motions) and 27 (inquiry) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Tardif, calling the attention of the Senate for the purposes of paying tribute to the Honourable Yoine Goldstein, in recognition of his outstanding career as a member of the Senate of Canada and for his many contributions and service to Canadians.
After debate,
With leave of the Senate and pursuant to rule 30, the inquiry was withdrawn.
° ° °
Orders No. 28, 44 (motions), 13, 15 (inquiries) and 49 (motion) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Eggleton, P.C.:
That the Senate recognize and endorse April 25th annually as World Malaria Day.
The question being put on the motion, it was adopted.
° ° °
Orders No. 58, 73, 13, 68 (motions) and 2 (inquiry) were called and postponed until the next sitting.
° ° °
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 Segal, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 67, 42, 46 (motions), 6 (inquiry), 10, 8, 9 (motions), 10 (inquiry), 7, 25 (motions) and 17 (inquiry) were called and postponed until the next sitting.
Ordered, That the sitting be suspended to reassemble at the call of the chair with a five minute bell.
(Accordingly, at 4:50 p.m. the sitting was suspended.)
At 5:42 p.m. the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 5:42 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
June 23rd, 2009
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 23rd day of June, 2009, at 5:12 p.m.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Tuesday, June 23, 2009
An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts (Bill C-7, Chapter 21, 2009)
An Act to amend the Criminal Code (organized crime and protection of justice system participants) (Bill C-14, Chapter 22, 2009)
An Act respecting not-for-profit corporations and certain other corporations (Bill C-4, Chapter 23, 2009)
An Act to promote safety and security with respect to human pathogens and toxins (Bill C-11, Chapter 24, 2009)
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2010 (Bill C-48, Chapter 25, 2009)
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2010 (Bill C-49, Chapter 26, 2009)
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 Keon:
That when the Senate adjourns today, it do stand adjourned until Tuesday, September 15, 2009, at 2 p.m.
The question being put on the motion, it was adopted.
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 5:48 p.m. the Senate was continued until Tuesday, September 15, 2009, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Stratton replaced the Honourable Senator Brown (June 23, 2009).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Harb replaced the Honourable Senator Hubley (June 23, 2009).
The Honourable Senator Hubley replaced the Honourable Senator Harb (June 22, 2009).
The Honourable Senator Day replaced the Honourable Senator Hubley (June 22, 2009).
The Honourable Senator Hubley replaced the Honourable Senator Day (June 22, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Mitchell replaced the Honourable Senator Banks (June 23, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Day replaced the Honourable Senator Carstairs, P.C. (June 23, 2009).
The Honourable Senator Zimmer replaced the Honourable Senator Campbell (June 23, 2009).
The Honourable Senator Tkachuk replaced the Honourable Senator Nolin (June 22, 2009).
The Honourable Senator Wallin replaced the Honourable Senator Lang (June 22, 2009).
The Honourable Senator Nolin replaced the Honourable Senator Tkachuk (June 22, 2009).
The Honourable Senator Tkachuk replaced the Honourable Senator Nolin (June 22, 2009).
The Honourable Senator Nolin replaced the Honourable Senator Tkachuk (June 22, 2009).
The Honourable Senator Lang replaced the Honourable Senator Wallin (June 22, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Pépin replaced the Honourable Senator Peterson (June 23, 2009).