Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 71
Thursday, November 19, 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, Carignan, Carstairs, Champagne, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Manning, Martin, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivest, Robichaud, Rompkey, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, *Mahovlich, Manning, Martin, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, *Plett, Poy, Prud'homme, Raine, Ringuette, *Rivard, Rivest, Robichaud, Rompkey, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, 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
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Government Response to the fifth report of the Standing
Senate Committee on Social Affairs, Science and Technology, entitled Early
Childhood Education and Care: Next Steps, tabled in the Senate on April 28,
2009.—Sessional Paper No. 2/40-861S.
(Pursuant to rule 131(4), the report and the response were deemed referred to
the Standing Senate Committee on Social Affairs, Science and Technology)
Presentation of Reports from Standing or Special Committees
The Honourable Senator Rompkey, P.C., Chair of the Standing Senate Committee on Fisheries and Oceans, tabled its sixth report entitled: Proposed Changes to the Convention of the Northwest Atlantic Fisheries Organization (NAFO).—Sessional Paper No. 2/40-862S.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Oliver tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the Conference for Chairpersons and Members of Parliamentary Bodies Dealing with Gender Equality entitled A Parliamentary Response to Violence Against Women, held in Geneva, Switzerland, from December 2 to 4, 2008.—Sessional Paper No. 2/40-863.
SPEAKER'S STATEMENT
Honourable senators, it is the responsibility of the chair to maintain order and ensure that the proceedings of the house remain faithful to the rules and to the guidance we get from procedural literature. The use of supplementary questions during Question Period has come to my attention.
All honourable senators have the right to raise questions. The time by our rules is limited. The chair feels uncomfortable knowing that a number of senators who have indicated they would like to ask questions are being trumped by many supplementary questions. In fairness to all honourable senators who have the right to ask questions, it is important that we review the ground upon which supplementary questions are in order.
Page 354 of the 23rd edition of Erskine May states:
A supplementary question may refer only to the answer out of which it immediately arises, must not be read or be too long, must not refer to an earlier answer or be addressed to another...
The point is that bona fide supplementary questions must really be targeted and focused on information that has been apprehended as a result of the response by either a chair of a committee or the minister in the house. I simply draw this to the attention of honourable senators.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-51, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and to implement other measures.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 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
Order No. 1 was called and postponed until the next sitting.
° ° °
The Order was called for resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Pépin, for the second reading of Bill S-241, An Act to amend the Office of the Superintendent of Financial Institutions Act (credit and debit cards).
The Senate resumed debate on the Point of Order as to the acceptability of the bill.
After debate,
The Speaker reserved his decision.
° ° °
Orders No. 3 to 23 were called and postponed until the next sitting.
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.
Other
Orders No. 8, 98 (motions), 21 (inquiry), 42, 93, 94, 9, 7 (motions), 1, 27 (inquiries), 58, 73 and 13 (motions) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Gerstein:
That the Standing Senate Committee on Social Affairs, Science and Technology undertake a study examining the promotion of Canadian identity, integration and cohesion with a working title of Who We Are: Canadian Identity in the 21st Century.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Patterson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 (inquiry), 68 and 10 (motions) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Brown:
That the Senate embrace the need to consult widely with Canadians to democratize the process of determining the composition and future of the Upper Chamber by urging the Government to:
(a) invite all provincial and territorial governments in writing to assist immediately in the selection of Senators for appointment by democratic means, whether by holding elections to fill Senate vacancies that might occur in their province or territory or through some other means chosen by them;
(b) institute a separate and specific national referendum on the future of the Senate, affording voters the chance to choose abolition, status quo, or an elected Upper Chamber; and
(c) pursue the above initiatives independently of any legislation that it may introduce in this Parliament for reforming the existing term and method of appointment of Senators;
And on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Wallin, that the original question be now put.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, 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 inquiry of the Honourable Senator Cowan calling the attention of the Senate to the critical importance of scientific research to the future of Canada and to the well-being of Canadians.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Day, moved, seconded by the Honourable Senator Munson, that further debate on the inquiry 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 Segal, seconded by the Honourable Senator Oliver:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the implementation of a guaranteed annual income system, including the negative income tax model, as a qualitative improvement in income security, with a view to reducing the number of Canadians now living under the poverty line;
That the Committee consider the best possible design of a negative income tax;
That the Committee submit its final report no later than December 31, 2009; and
That the Committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
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.
° ° °
Order No. 23 (inquiry) was called and postponed until the next sitting.
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 Tuesday, November 24, 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 Status of Women 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. 2/40-859.
Summaries of the Corporate Plan for 2009-2013 and of the Operating and Capital Budgets for 2009 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/ 40-860.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Demers:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:22 p.m. the Senate was continued until Tuesday, November 24, 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 Rivard replaced the Honourable Senator Carignan (November 20, 2009).
The Honourable Senator Plett replaced the Honourable Senator Meighen (November 20, 2009).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Mahovlich replaced the Honourable Senator Massicotte (November 19, 2009).
The Honourable Senator Massicotte replaced the Honourable Senator Zimmer (November 19, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Nolin replaced the Honourable Senator Fortin-Duplessis (November 20, 2009).
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Mockler (November 19, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Harb (November 19, 2009).
The Honourable Senator Ringuette replaced the Honourable Senator Robichaud, P.C. (November 19, 2009).
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Banks (November 19, 2009).
The Honourable Senator Chaput replaced the Honourable Senator Mahovlich (November 19, 2009).
The Honourable Senator Di Nino replaced the Honourable Senator MacDonald (November 19, 2009).
The Honourable Senator Dickson replaced the Honourable Senator Greene (November 19, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Martin replaced the Honourable Senator Brazeau (November 20, 2009).
The Honourable Senator Hubley replaced the Honourable Senator Pépin (November 19, 2009).
The Honourable Senator Downe replaced the Honourable Senator Dyck (November 19, 2009).
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Banks (November 19, 2009).
The Honourable Senator Dyck replaced the Honourable Senator Mitchell (November 19, 2009).
The Honourable Senator Cordy replaced the Honourable Senator Rompkey, P.C. (November 19, 2009).
The Honourable Senator Keon replaced the Honourable Senator Raine (November 19, 2009).
The Honourable Senator Brazeau replaced the Honourable Senator Martin (November 19, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Plett replaced the Honourable Senator Seidman (November 19, 2009).