Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 59
Thursday, October 8, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, Demers, Duffy, Eaton, Eggleton, Fairbairn, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Martin, Massicotte, McCoy, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, Demers, *Di Nino, *Downe, Duffy, Eaton, Eggleton, Fairbairn, Fox, Fraser, Frum, Furey, Gerstein, *Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Martin, Massicotte, McCoy, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, *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
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:32 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
October 8th, 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 bill listed in the Schedule to this letter on the 8th day of October, 2009, at 11:51 a.m.
Yours sincerely,
Ronald Lemieux
For the Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, October 8, 2009
An Act to amend the Tobacco Act (Bill C-32, Chapter 27, 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 Office of the Chief Electoral Officer 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. 2/40-739.
° ° °
The Honourable Senator Comeau tabled the following:
Government Response, dated October 7, 2009, to 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.—Sessional Paper No.
2/40-740S.
(Pursuant to rule 131(4), the report and the response were deemed referred to
the Standing Senate Committee on Fisheries and Oceans.)
Presentation of Reports from Standing or Special Committees
The Honourable Senator Fraser presented the following:
Thursday, October 8, 2009
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
ELEVENTH REPORT
Your committee, to which was referred Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody), has, in obedience to the order of reference of Tuesday, June 16, 2009, examined the said Bill and now reports the same with the following amendments:
1. Page 1, clause 2: Replace lines 10 and 11 with the following:
"orders that the accused be detained in custody, on the basis of one or more grounds set out in subsection (10), primarily because of evidence of a previous conviction of''.
2. Clause 3:
(a) Page 1:
(i) Replace line 21 with the following:
"to a maximum of one and one-half days for each day spent in'', and
(ii) Replace lines 24 and 25 with the following:
"stances justify it, the maximum is two days for each day spent in custody unless''; and
(b) Page 2: Replace lines 14 and 15 with the following:
"(3.4) Failure to comply with subsection (3.3) does not affect the validity of the''.
Respectfully submitted,
JOAN FRASER
Chair
° ° °
The Honourable Senator Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its sixth report (budget—release of additional funds (study on the national security policy.))
(The report is printed as an appendix at page 1339 (available in print format PDF))
The Honourable Senator Kenny moved, seconded by the Honourable Senator Furey, 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 Oliver, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, tabled its sixth report (committee substitutions).—Sessional Paper No. 2/40-741S.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Frum, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Day tabled the following:
Report of the Canadian NATO Parliamentary Association respecting the visit to Ottawa, Ontario, by the Economics and Security Committee Sub-Committee on Transatlantic Economic Relations, from May 6 to 8, 2009.—Sessional Paper No. 2/40-742.
° ° °
The Honourable Senator Nolin tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security, Economics and Security, and Political Committees, held in Brussels, Belgium, from February 15 to 17, 2009, and at the Annual Economics and Security Committee Consultation with the OECD, held in Paris, France, on February 18 and 19, 2009.—Sessional Paper No. 2/40-743.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Inquiries
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-241, An Act to amend the Office of the Superintendent of Financial Institutions Act (credit and debit cards).
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Pépin, that the bill be read the second time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Second reading of Bill S-242, An Act to amend the Canadian Payments Act (debit card payment systems).
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Milne, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Carignan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 to 22 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Goldstein, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-231, An Act to amend the Investment Canada Act (human rights violations).
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Mockler, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
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-238, An Act to establish gender parity on the board of directors of certain corporations, financial institutions and parent Crown corporations.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Carignan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, that the eleventh report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody), with amendments), presented in the Senate earlier this day, be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Order No. 1 was 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 of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Munson, that the fifth report of the Standing Senate Committee on Fisheries and Oceans, entitled Crisis in the Lobster Fishery, tabled in the Senate on June 9, 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 and the Minister of Human Resources and Skills Development being identified as ministers responsible for responding to the report.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Demers, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
° ° °
Order No. 5 was called and postponed until the next sitting.
° ° °
Consideration of the second report (interim) of the Standing Senate Committee on Human Rights, entitled: Canada's Universal Periodic Review before the United Nations Human Rights Council, tabled in the Senate on May 28, 2009.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Keon, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Order No. 7 was called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Cochrane, seconded by the Honourable Senator Di Nino:
That the Senate of Canada,
in commemoration of the 80th anniversary of the October18, 1929 decision of the Judicial Committee of the Privy Council that recognized women as "persons'' in law eligible for appointment to the Senate of Canada, and
in acknowledgement of the important contributions women have made in the Senate of Canada,
posthumously recognize Emily Murphy, Nellie McClung, Irene Parlby, Louise McKinney and Henrietta Muir Edwards, popularly known as the "Famous Five'', as Honorary Senators.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 68, 10, 8, 9, 51 (motions), 10 (inquiry), 7, 25 (motions), 17, 23, 13, 1, 25 (inquiries), 86 (motion), 27 (inquiry), 58, 73, 13 (motions), 2 (inquiry), 67 and 42 (motions) were called and postponed until the next sitting.
° ° °
Order No. 46 (motion) was called and pursuant to rule 27(3) was dropped from the Order Paper.
Ordered, That the sitting be suspended to reassemble at the call of the Chair, with a fifteen minute bell.
(Accordingly, at 3:30 p.m. the sitting was suspended.)
At 4:01 p.m. 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 Mockler:
That when the Senate adjourns today, it do stand adjourned until Tuesday, October 20, 2009, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Canadian Institutes of Health Research 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- 732.
Report of the Canada Foundation for Innovation, together with the Auditors' Report, for the fiscal year ended March 31, 2009, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No.2/ 40-733.
Report of the National Research Council of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the National Research Council Act, R.S.C. 1985, c. N-15, s. 17.—Sessional Paper No.2/40-734.
Report of the Office of the Superintendent of Financial Institutions, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the Office of the Superintendent of Financial Institutions Act, R.S.C. 1985, c. 18 (3rd Supp.), Part I, s. 40.—Sessional Paper No.2/40-735.
Report of the Financial Consumer Agency of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the Financial Consumer Agency of Canada Act, S.C. 2001, c. 9, s. 34.—Sessional Paper No.2/40-736.
Reports of the Department of National Defence 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.2/40-737.
Reports of the Freshwater Fish Marketing Corporation for the year ended April 30, 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.2/40-738.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:07 p.m. the Senate was continued until Tuesday, October 20, 2009, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Finley replaced the Honourable Senator Stewart Olsen (October 8, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Di Nino replaced the Honourable Senator Oliver (October 8, 2009).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Pépin replaced the Honourable Senator Bryden (October 7, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Dawson replaced the Honourable Senator Munson (October 8, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Rompkey, P.C., replaced the Honourable Senator Banks (October 8, 2009).