Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 8
Thursday, March 18, 2010
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eggleton, Finley, Fortin-Duplessis, Fraser, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Keon, Kinsella, Lang, Lapointe, LeBreton, MacDonald, Mahovlich, Manning, Marshall, Martin, Meighen, Mercer, Mitchell, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Plett, Poirier, Poy, Raine, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eggleton, Finley, Fortin-Duplessis, Fraser, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Keon, Kinsella, Lang, Lapointe, LeBreton, MacDonald, Mahovlich, Manning, Marshall, Martin, Meighen, Mercer, Mitchell, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Plett, Poirier, Poy, Raine, *Ringuette, *Rivard, Rivest, Robichaud, Runciman, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Angus, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its second report (budget—study on the current state and future of Canada's energy sector (including alternative energy)—power to travel).
(The report is printed as Appendix ''A'' at pages 107-112 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Stratton, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser tabled the following (Sessional Paper No. 3/40-49S):
Thursday, March 18, 2010
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to table its
FIRST REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104, that the expenses incurred by the committee during the Second Session of the Fortieth Parliament are as follows:
- With respect to its examination of Legislation:
Transportation & Communications $ — Professional and Other Services — All other expenditures 398 Witness Expenses 33,470 TOTAL $ 33,868
- With respect to its Special Study on An Act to amend the National Defence Act (court martial):
Transportation & Communications $ — Professional and Other Services 984 All other expenditures — Witness Expenses 1,108 TOTAL $ 2,092
- With respect to its Special Study on DNA Identification Act:
Transportation & Communications $ 690 Professional and Other Services 470 All other expenditures — Witness Expenses 5,141 TOTAL $ 6,301
- With respect to its Special Study on the motion to concur in passage of the Official Languages Act by the Legislative Assembly of Nunavut:
Transportation & Communications $ — Professional and Other Services — All other expenditures — Witness Expenses 1,250 TOTAL $ 1,250
In addition to the expenses for the examination of legislation and for the special studies as set out above, your committee also incurred general postal charges in the amount of $62.
During the Second Session of the Fortieth Parliament, your committee received 16 orders of reference, held 44 meetings, heard more than 98.6 hours of testimony from 170 witnesses and submitted 12 reports in relation to its work.
Your committee examined 12 bills, two of which were reported without amendment: Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants) and Bill C-39, An Act to amend the Judges Act.
In addition, your committee reported the following bills with amendments: Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts; Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody; Bill S-205, An Act to amend the Criminal Code (suicide bombings) and Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct).
In addition, your committee produced 2 reports on special studies.
Your committee presented the final report on its study on the motion to concur in the June 4, 2008 passage of the Official Languages Act by the Legislative Assembly of Nunavut, in accordance with section 38 of the Nunavut Act, chapter 28 of the Statutes of Canada, 1993, entitled Language Rights in Canada's North: ''Nunavut's New Official Languages Act''.
Your committee presented the final report on its study on the provisions and operation of An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act (S.C. 2008, c. 29). entitled Equal Justice: ''Reforming Canada's System of Courts Martial''.
Respectfully submitted,
JOAN FRASER
Chair
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its second report (budget—study on the review of the DNA Identification Act—power to travel).
(The report is printed as Appendix ''B'' at pages 113-118 (available in print format PDF).)
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cordy, 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 Eggleton, P.C., tabled the following (Sessional Paper No. 3/40-50S):
Thursday, March 18, 2010
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to table its
FIRST REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104(2), that the expenses incurred by your committee during the Second Session of the Fortieth Parliament are as follows:
1.With respect to its examination and consideration of legislation:
Professional and Other Services $ — Transport and Communications — Other Expenditures — Witness Expenses 8,828 TOTAL $ 8,828
2. With respect to a special study by the Subcommittee on Cities on current social issues pertaining to Canada's largest cities:
Professional and Other Services $ 5,095 Transport and Communications 67,615 Other Expenditures 8,991 Witness Expenses 25,440 TOTAL $ 107,141
3. With respect to a special study by the Subcommittee on Population Health on the social determinants of health:
Professional and Other Services $ 11,542 Transport and Communications — Other Expenditures — Witness Expenses 13,038 TOTAL $ 24,580
4. With respect to a special study on accessibility of postsecondary education in Canada:
Professional and Other Services $ — Transport and Communications — Other Expenditures — Witness Expenses 1,518 TOTAL $ 1,518
5. With respect to its special study on the state of early learning and child care in Canada:
Professional and Other Services $ — Transport and Communications — Other Expenditures — Witness Expenses 674 TOTAL $ 674
In addition to the expenses for the examination of legislation and for the special studies as set out above, your committee also incurred general postal charges in the amount of $1,919.
Your committee received 12 orders of reference (including 7 bills), held 28 meetings, heard more than 43 hours of testimony from 82 witnesses and submitted 13 reports in relation to its work.
Your committee created a Subcommittee on Cities to examine and report on current social issues pertaining to Canada's largest cities. The subcommittee held 15 meetings and heard more than 25 hours of testimony from 51 witnesses.
Your committee created a Subcommittee on Population Health to examine and report on the impact of the multiple factors and conditions that contribute to the health of Canada's population. The subcommittee held 12 meetings and heard more than 16 hours of testimony from 49 witnesses.
Respectfully submitted,
ART EGGLETON
Chair
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Poirier, seconded by the Honourable Senator Runciman:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Mitchell, for the second reading of Bill S-210, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (involvement of Parliament).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Joyal, P.C., that the bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 to 11 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
Order No. 1 was called and postponed until the next sitting.
° ° °
Consideration of the second report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on the current state and future of Canada's energy sector (including alternative energy)—power to travel), presented in the Senate earlier today.
The Honourable Senator Angus moved, seconded by the Honourable Senator Nolin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Other
Orders No. 3 and 1 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Callbeck, seconded by the Honourable Senator Robichaud, P.C.:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the accessibility of post-secondary education in Canada, including but not limited to:
(a) analysis of the current barriers in post-secondary education, such as geography, family income levels, means of financing for students, debt levels and challenges faced specifically by Aboriginal students;
(b) evaluation of the current mechanisms for students to fund post-secondary education, such as Canada Student Loans Program, Canada Student Grants Program, Canada Access Grants, funding for Aboriginal students, Canada Learning Bonds, and Registered Education Savings Plans;
(c) evaluation of the current mechanisms to fund scientific research and development in post-secondary and related institutions and the commercialization of such research;
(d) examination of the current federal/provincial transfer mechanism for post-secondary education;
(e) evaluation of the potential establishment of a dedicated transfer for post-secondary education; and
(f) any other matters related to the study;
That the papers and evidence received and taken and work accomplished by the Committee on this subject during of the Second Session of the Fortieth Parliament be referred to the Committee; and
That the Committee submit its final report no later than December 31, 2010, and that the Committee retain until June 30, 2011, all powers necessary to publicize its findings.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Cordy:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on current social issues pertaining to Canada's largest cities. In particular, the Committee shall be authorized to examine:
(a) poverty, housing and homelessness;
(b) social inclusion and cohesion;
(c) urban economies;
(d) models for collaboration and co-operation among governments;
That the study be national in scope, and include a focus on the largest urban community in each of the provinces;
That the study report include proposed solutions, with an emphasis on collaborative strategies involving federal, provincial and municipal governments;
That the papers and evidence received and taken and work accomplished by the Committee on this subject since the beginning of the First Session of the Thirty-Ninth Parliament be referred to the Committee; and
That the Committee submit its final report no later than December 31, 2011, and that the Committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
° ° °
Orders No. 5 and 4 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Day moved, seconded by the Honourable Senator Gerstein:
That the Standing Senate Committee on National Finance have the power to sit at 4 p.m. on Tuesday, March 23, 2010, even though the Senate may then be sitting, 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.
—————
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 LeBreton, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, March 23, 2010, 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 Keon:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:19 p.m. the Senate was continued until Tuesday, March 23, 2010, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Ogilvie replaced the Honourable Senator Demers (March 17, 2010).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Finley replaced the Honourable Senator Eaton (March 18, 2010).
The Honourable Senator Raine replaced the Honourable Senator Rivard (March 17, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Campbell replaced the Honourable Senator Moore (March 17, 2010).
The Honourable Senator Banks replaced the Honourable Senator Massicotte (March 17, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Hubley replaced the Honourable Senator Stollery (March 18, 2010).
The Honourable Senator Zimmer replaced the Honourable Senator Mahovlich (March 17, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Poulin replaced the Honourable Senator Furey (March 18, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Plett replaced the Honourable Senator Eaton (March 18, 2010).