Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 21
Tuesday, April 27, 2010
2:00 p.m.
The Honourable Pierre Claude Nolin, Acting Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Keon, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Mitchell, Mockler, Moore, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Keon, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Mitchell, Mockler, Moore, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, 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.
The Clerk at the Table informed the Senate that the Honourable the Speaker and the Honourable the Speaker pro tempore were unavoidably absent.
The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Cowan:
That during the absence of the Honourable the Speaker and the Honourable the Speaker pro tempore, the Honourable Senator Nolin do preside as Speaker.
The question being put on the motion, it was adopted.
Whereupon the Honourable Senator Nolin took the Chair.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
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 third report (budget—study on the DNA identification Act—power to hire staff and to travel).
(The report is printed as appendix ''A'' at pages 286-293 (available in print format PDF).)
The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, P.C., 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 Smith, P.C., Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its second report (study on questions of privilege).
(The report is printed as appendix ''B'' at pages 294-298 (available in print format PDF).)
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Lapointe, 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.
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-8, An Act respecting the selection of senators.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, 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.
Presentation of Petitions
The Honourable Senator Tardif presented petitions:
Of Residents of Canada concerning Bill C-232.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:
Reply to Question No. 1, dated March 3, 2010, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the new Veterans Charter.—Sessional Paper No. 3/40-175S.
Reply to Question No. 3, dated March 3, 2010, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting support for Canadian veterans.—Sessional Paper No. 3/40-176S.
Reply to Question No. 18, dated March 24, 2010, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the new Veterans Charter.—Sessional Paper No. 3/40-177S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-210, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (involvement of Parliament).
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, 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 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.
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Mercer, seconded by the Honourable Senator Chaput, for the second reading of Bill S-203, An Act respecting a National Philanthropy Day.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Champagne, P.C., 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.
° ° °
Ordered, That notwithstanding rule 27(3), Order No. 6 (Bill S-204) remain on the Order Paper for another sitting day.
° ° °
Ordered, That notwithstanding rule 27(3), Order No. 7 (Bill S-205) remain on the Order Paper for another sitting day.
° ° °
Second reading of Bill S-208, An Act to amend the Conflict of Interest Act (gifts).
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, that the bill be read the second time.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 9 and 10 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-213, An Act to amend the International Boundary Waters Treaty Act (bulk water removal).
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill be read the second time.
After debate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Fortin-Duplessis, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Rivest, for the second reading of Bill C-232, An Act to amend the Supreme Court Act (understanding the official languages).
After debate,
The Honourable Senator Comeau 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.
° ° °
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Consideration of the second report of the Standing Senate Committee on Aboriginal Peoples (budget—study on the federal government's constitutional and legal responsibilities to Aboriginal Peoples—power to hire staff), presented in the Senate on April 22, 2010.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Murray, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the second report of the Standing Committee on Internal Economy, Budgets and Administration (committee budgets—legislation), presented in the Senate on April 22, 2010.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Comeau that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 and 4 were called and postponed until the next sitting.
Other
Orders No. 8, 2, 5, 9 (inquiries), 26 (motion), 3 (inquiry), 28 (motion), 1 and 4 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Segal:
That the thirteenth report of the Standing Senate Committee on Social Affairs, Science and Technology tabled in the Senate on Tuesday, December 8, 2009 during the Second Session of the Fortieth Parliament, entitled: In from the Margins: A Call to Action on Poverty, Housing and Homelessness, be placed on the Orders of the Day for consideration at the next sitting.
After debate,
The question being put on the motion, it was adopted.
_________
Ordered, That Inquiry No. 6 standing in the name of the Honourable Senator Callbeck be again called.
INQUIRIES
The Honourable Senator Callbeck called the attention of the Senate to the overwhelming need for federal leadership on a national catastrophic drug plan to assist Canadians to cover the costs of expensive medications.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Stratton:
That the Senate of Canada offers to the Canadian Forces Maritime Command, known today as the Canadian Navy and formerly known as the Royal Canadian Navy, on the occasion of its 100th anniversary, the Senate's best wishes and its most sincere expression of gratitude, appreciation and respect, and pays special tribute to the courage, competence, loyalty and determination of the men and women who served, serve and will serve under the White Ensign, the Canadian Forces Naval Jack and the Maple Leaf, always in the cause of freedom, humanity, peace and stability and always in the name of the people of Canada.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Jaffer, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Segal:
That the Standing Senate Committee on National Finance be authorized to examine and report on the costs and benefits of Canada's one-cent coin to Canadian taxpayers and the overall Canadian economy;
That in conducting such study, the committee take particular note of:
(a) The recent cost-saving changes to Canada's currency system announced by the Royal Canadian Mint;
(b) The direct cost to taxpayers of producing and distributing one-cent coins in relation to their actual value;
(c) The costs and productivity implications for Canadian businesses in light of the counting, handling and redistribution requirements of the coin; and
(d) International experiences with eliminating low-denomination coins; and
That the committee submit its final report to the Senate no later than December 31, 2010, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
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 Official Languages for the fiscal year ended March 31, 2008, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 44.—Sessional Paper No. 3/40-166.
Report of the National Energy Board for the year ended December 31, 2009, pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, s. 133.—Sessional Paper No. 3/40-167.
Report of the Nuclear Waste Management Organization, together with the Auditors' Report, for the year 2009, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, s. 19.1.—Sessional Paper No. 3/40-168.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Manitoba, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 3/40-169.
Comprehensive Review Report of the Canada Small Business Financing Act for 2004-2009, pursuant to the Act, S.C. 1998, c. 36, ss. 19 and 20.—Sessional Paper No. 3/40-170.
Report of the Canada Post Corporation, together with the Auditor General's Report, for the year ended December 31, 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 3/40- 171.
Summaries of the Corporate Plan for 2009-2013 and the Capital Budget for 2009 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-172.
Summaries of the Corporate Plan for 2010-2014 and the Capital Budget for 2010 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-173.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Manitoba, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 3/40-174.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:09 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Ogilvie replaced the Honourable Senator Stewart Olsen (April 26, 2010).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Mercer replaced the Honourable Senator Hubley (April 22, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Ogilvie replaced the Honourable Senator Frum (April 26, 2010).
The Honourable Senator Lang replaced the Honourable Senator St. Germain, P.C. (April 22, 2010).
The Honourable Senator Dickson replaced the Honourable Senator Housakos (April 22, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Stratton replaced the Honourable Senator Nolin (April 26, 2010).
The Honourable Senator Nolin replaced the Honourable Senator Frum (April 26, 2010).
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator De Bané, P.C. (April 26, 2010).
The Honourable Senator Wallin replaced the Honourable Senator Plett (April 22, 2010).
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Stewart Olsen (April 22, 2010).
The Honourable Senator Mahovlich replaced the Honourable Senator Robichaud, P.C. (April 22, 2010).
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Jaffer (April 22, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Fox, P.C., replaced the Honourable Senator Dawson (April 22, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Lang replaced the Honourable Senator Neufeld (April 22, 2010).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Stratton replaced the Honourable Senator Housakos (April 23, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Neufeld replaced the Honourable Senator Runciman (April 26, 2010).
The Honourable Senator Boisvenu replaced the Honourable Senator Runciman (April 26, 2010).
The Honourable Senator Meighen replaced the Honourable Senator Murray, P.C. (April 26, 2010).
The Honourable Senator Runciman replaced the Honourable Senator Neufeld (April 26, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Marshall (April 27, 2010).
The Honourable Senator Marshall replaced the Honourable Senator Manning (April 26, 2010).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Greene replaced the Honourable Senator Oliver (April 26, 2010).
The Honourable Senator Mahovlich replaced the Honourable Senator Furey (April 26, 2010).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Housakos replaced the Honourable Senator Dickson (April 22, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Raine replaced the Honourable Senator Eaton (April 26, 2010).