Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 23
Thursday, April 29, 2010
1:30 p.m.
The Honourable Pierre Claude Nolin, Acting Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Keon, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Mitchell, Mockler, Moore, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Wallace, Wallin, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Keon, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Mitchell, Mockler, Moore, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Robichaud, 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.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Meighen, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its second report (Bill S-3, An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, without amendment).
The Honourable Senator Meighen moved, seconded by the Honourable Senator Comeau, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-302, An Act to recognize the injustice that was done to persons of Italian origin through their "enemy alien'' designation and internment during the Second World War, and to provide for restitution and promote education on Italian-Canadian history, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Fraser 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Di Nino tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Co-operation in Europe Parliamentary Assembly's 2009 Fall Meetings, held in Athens, Greece, from October 9 to 12, 2009.—Sessional Paper No. 3/40-186.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Co-operation in Europe Parliamentary Assembly's Election Observation Mission in Ukraine, from January 15 to 18, 2010.—Sessional Paper No. 3/40-187.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Co-operation in Europe Parliamentary Assembly's Election Observation Mission in Ukraine, from February 5 to 8, 2010.—Sessional Paper No. 3/40-188.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-8, An Act respecting the selection of senators.
The Honourable Senator Brown moved, seconded by the Honourable Senator Runciman, that the bill be read the second time.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 4 and 5 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:
That the Senate resolve itself into a Committee of the Whole, chaired by the Speaker, after Prayers on Wednesday, May 5, 2010, in order to receive Bogdan Borusewicz, Speaker of the Senate of the Republic of Poland, accompanied by other Polish parliamentarians and the Ambassador of Poland to Canada;
That Speaker Borusewicz's remarks be preceded by a welcome statement from the Leader of the Government or her designate and followed by a statement of appreciation from the Leader of the Opposition or his designate;
That television cameras be authorized in the Senate chamber to broadcast the proceedings of the Committee of the Whole, with the least possible disruption of the proceedings;
That photographers be authorized in the Senate chamber to photograph the proceedings of the Committee of the Whole, with the least possible disruption of the proceedings;
That the Committee of the Whole rise and report to the Senate following the remarks of the Leader of the Opposition or his designate, after which the sitting shall continue with Senators' Statements;
That, notwithstanding the order adopted by the Senate on April 15, 2010, if the Senate has not reached the end of Government Business at 4 p.m. on Wednesday, May 5, 2010, the sitting continue beyond that time, until the end of Government Business; and
That committees scheduled to meet on Wednesday, May 5, 2010, have power to sit from 4:15 p.m., even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-205, An Act to provide the means to rationalize the governance of Canadian businesses during the period of national emergency resulting from the global financial crisis that is undermining Canada's economic stability.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Tardif, that the bill be read the second time.
After debate,
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 4 and 5 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 question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Chaput, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
° ° °
Orders No. 7 to 10 were called and postponed until the next sitting.
Commons 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 Moore, for the second reading of Bill C-464, An Act to amend the Criminal Code (justification for detention in custody).
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Callbeck, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the third report of the Standing Senate Committee on Legal and Constitutional Affairs (budget—study on the DNA identification Act—power to hire staff and to travel), presented in the Senate on April 27, 2010.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Smith, 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 Rules, Procedures and the Rights of Parliament (study on questions of privilege), presented in the Senate on April 27, 2010.
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Fraser, that the report be adopted.
After debate,
The Honourable Senator Cools, for the Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Consideration of the thirteenth report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: In from the Margins: A Call to Action on Poverty, Housing and Homelessness, tabled in the Senate on December 8, 2009, during the Second Session of the Fortieth Parliament.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Segal:
That the report be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Human Resources and Skills Development being identified as minister responsible for responding to the report, in consultation with the Ministers of Citizenship, Immigration and Multiculturalism; of Indian Affairs and Northern Development; of Finance; of Justice and Attorney General of Canada; of Health; for Status of Women; of Transport, Infrastructure and Communities and the Presidents of the Treasury Board and of the Queen's Privy Council for Canada.
After debate,
The question being put on the motion, it was adopted.
° ° °
Order No. 4 was called and postponed until the next sitting.
° ° °
Consideration of the first report (interim) of the Standing Senate Committee on Foreign Affairs and International Trade, entitled: Canada and Russia: Building on today's successes for tomorrow's potential, tabled in the Senate on March 31, 2010.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Meighen, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 6 was called and postponed until the next sitting.
Other
Orders No. 6 (inquiry), 19 (motion), 8, 2, 5, 9 (inquiries), 26 (motion), 3 (inquiry), 28 (motion) and 1 (inquiry) were called and postponed until the next sitting.
° ° °
Order No. 4 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Segal called the attention of the Senate to the seriousness of the problem posed by contraband tobacco in Canada, its connection with organized crime, international crime and terrorist financing, including the grave ramifications of the illegal sale of these products to young people, the detrimental effects on legitimate small business, the threat on the livelihoods of hardworking convenience store owners across Canada, and the ability of law enforcement agencies to combat those who are responsible for this illegal trade throughout Canada, and the advisability of a full-blown Senate committee inquiry into these matters.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Martin, 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 Martin moved, seconded by the Honourable Senator Segal:
That the Senate recognize and endorse July 27th annually as National Korean War Veterans Day.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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 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, May 4, 2010, 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):
Report of the Canadian Tourism Commission, 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. 3/40-180.
Summary of the Corporate Plan for 2010-2014 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-181.
Summaries of the Corporate Plan for 2010-2011 to 2014-2015 and of the Operating and Capital Budgets for 2010- 2011 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F- 11, sbs. 125(4). —Sessional Paper No. 3/40-182.
Report of the National Film Board, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(2). —Sessional Paper No. 3/40-183.
Report on the administration of the Canada Petroleum Resources Act for the year 2009, pursuant to the Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 3/40-184.
Reports of the Canada Foundation for Sustainable Development Technology for the period of January 1 to December 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. 3/40-185.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Mockler:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:37 p.m. the Senate was continued until Tuesday, May 4, 2010, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Campbell replaced the Honourable Senator Peterson (April 29, 2010).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Ogilvie (April 29, 2010).
The Honourable Senator Poirier replaced the Honourable Senator Marshall (April 29, 2010).
The Honourable Senator Marshall replaced the Honourable Senator Poirier (April 28, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Oliver replaced the Honourable Senator Frum (April 29, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Dawson replaced the Honourable Senator Watt (April 29, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Cordy replaced the Honourable Senator Banks (April 28, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Eaton replaced the Honourable Senator Raine (April 29, 2010).
Standing Senate Committee on Transport and Communications
The Honourable Senator Zimmer replaced the Honourable Senator Banks (April 29, 2010).
The Honourable Senator Fox, P.C. replaced the Honourable Senator Moore (April 29, 2010).
The Honourable Senator Moore replaced the Honourable Senator Fox, P.C. (April 28, 2010).