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Journals of the Senate

59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament


Issue 28

Wednesday, May 12, 2010
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, 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 St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, tabled its third report (interim) entitled: First Nations Elections: The Choice is Inherently Theirs.—Sessional Paper No. 3/40- 217S.

The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Champagne, 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Stollery presented a Bill S-218, An Act respecting Canada-Russia Friendship Day.

The bill was read the first time.

The Honourable Senator Stollery moved, seconded by the Honourable Senator Day, 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 Nolin tabled the following:

Report of the Canadian NATO Parliamentary Association respecting its participation at the Strategic Concept Seminar 1: NATO's fundamental security tasks, held in Luxembourg, on October 16, 2009.—Sessional Paper No. 3/ 40-218.

° ° °

The Honourable Senator Day tabled the following:

Report of the Canadian NATO Parliamentary Association respecting its participation at the Meeting of the Sub- Committee on Future Security and Defence Capabilities, held in Kyiv, Ukraine, on October 12, 2009, and its participation at the 72nd Rose-Roth Seminar, held in Lviv, Ukraine, from October 13 to 15, 2009.—Sessional Paper No. 3/40-219.

Report of the Canadian NATO Parliamentary Association respecting the visit to Rome, Milan and La Spezia, Italy by the Sub-Committee on Transatlantic Economic Relations and the Sub-Committee on Energy and Environmental Security, from October 19 to 23, 2009.—Sessional Paper No. 3/40-220.

ANSWERS TO WRITTEN QUESTIONS

Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:

Reply to Question No. 8, dated March 3, 2010, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the Head of State of Canada. —Sessional Paper No. 3/40-221S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Orders No. 1 to 4 were called and postponed until the next sitting.

° ° °

Ordered, That Order No. 1 be again called.

Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Mockler, for the second reading of Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts.

After debate,

The Honourable Senator Nolin moved, seconded by the Honourable Senator Segal, 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 MacDonald, seconded by the Honourable Senator Duffy, for the second reading of Bill S-5, An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson, that the bill be referred to the Standing Senate Committee on Transport and Communications.

The question being put on the motion, it was adopted.

Inquiries

Order No. 1 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

° ° °

Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Tardif, for the second reading of Bill S-214, An Act to amend the Bankruptcy and Insolvency Act and other Acts (unfunded pension plan liabilities).

After debate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace, 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 Eggleton, P.C., seconded by the Honourable Senator Tardif, for the second reading of Bill S-216, An Act to amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act in order to protect beneficiaries of long term disability benefits plans.

After debate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

° ° °

Orders No. 6 to 9 were called and postponed until the next sitting.

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 Nolin moved, seconded by the Honourable Senator Comeau, 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 5 were called and postponed until the next sitting.

Reports of Committees

Consideration of the second report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on current social issues pertaining to Canada's largest cities—power to hire staff), presented in the Senate on May 6, 2010.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Housakos, that the report be adopted.

The question being put on the motion, it was adopted.

° ° °

Consideration of the third report of the Standing Senate Committee on Social Affairs, Science and Technology, (budget—study on post-secondary education in Canada—power to hire staff), presented in the Senate on May 6, 2010.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Mockler, that the report be adopted.

The question being put on the motion, it was adopted.

° ° °

Consideration of the third report of the Standing Senate Committee on Fisheries and Oceans (budget—study on the evolving policy framework for managing Canada's fisheries and oceans—power to travel), presented in the Senate on May 6, 2010.

The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Fraser, that the report be adopted.

The question being put on the motion, it was adopted.

° ° °

Consideration of the second report of the Standing Senate Committee on Official Languages (budget—study on the application of the Official Languages Act—power to hire staff and to travel), presented in the Senate on May 6, 2010.

The Honourable Senator Chaput moved, seconded by the Honourable Senator Munson, that the report be adopted.

The question being put on the motion, it was adopted.

° ° °

Orders No. 5 and 6 were called and postponed until the next sitting.

° ° °

Consideration of the second report of the Standing Senate Committee on Agriculture and Forestry (budget—study on the examination of the forest sector—power to hire staff and to travel), presented in the Senate on May 6, 2010.

The Honourable Senator Mockler moved, seconded by the Honourable Senator Wallace, that the report be adopted.

The question being put on the motion, it was adopted.

° ° °

Orders No. 8 to 10 were called and postponed until the next sitting.

Other

Orders No. 15, 8, 5, 12 (inquiries) and 38 (motion) were called and postponed until the next sitting.

° ° °

Resuming debate on the inquiry of the Honourable Senator Segal, calling 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 Cordy moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

° ° °

Orders No. 37 (motion), 6 (inquiry), 19 (motion), 2, 9 (inquiries), 26 (motion), 3 (inquiry), 28 (motion) and 1 (inquiry) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Brazeau called the attention of the Senate to the issue of accountability, transparency and responsibility in Canada's Aboriginal Affairs.

After debate,

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Comeau, 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 Dawson moved, seconded by the Honourable Senator Dallaire:

That the Standing Senate Committee on Transport and Communications be authorized to examine and report on emerging issues related to the Canadian airline industry, including but not limited to:

(a) its performance and long-term viability in the changing global market;

(b) its place within Canada;

(c) its business relationship with their passengers;

(d) its important economic effect in the Canadian communities where airports are located; and

That the committee report to the Senate from time to time, with a final report no later than June 28, 2012 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.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report on Canada's activities as a Member Nation of the Food and Agriculture Organization of the United Nations for the fiscal year ended March 31, 2010, pursuant to the Food and Agriculture Organization of the United Nations Act, R.S.C. 1985, c. F-26, s. 4. —Sessional Paper No. 3/40-214.

Copy of Regulations Implementing the United Nations Resolution on Eritrea (P.C. 2010-479 and SOR/JUS- 612865), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1). —Sessional Paper No. 3/40-215.

Summaries of the Corporate Plan for 2010-2011 to 2014-2015 and of the Operating and Capital Budgets for 2010- 2011 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-216.

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 3:57 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 Kochhar replaced the Honourable Senator Raine (May 12, 2010).

The Honourable Senator Eaton replaced the Honourable Senator Brazeau (May 12, 2010).

The Honourable Senator Patterson replaced the Honourable Senator Lang (May 12, 2010).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Nolin replaced the Honourable Senator Neufeld (May 12, 2010).

The Honourable Senator Neufeld replaced the Honourable Senator Nolin (May 12, 2010).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Patterson replaced the Honourable Senator Marshall (May 12, 2010).

The Honourable Senator Marshall replaced the Honourable Senator Patterson (May 11, 2010).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Marshall replaced the Honourable Senator Di Nino (May 12, 2010).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Nolin replaced the Honourable Senator Carignan (May 12, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Gerstein replaced the Honourable Senator Nolin (May 12, 2010).

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