Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 40
Thursday, June 17, 2010
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mockler, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, 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, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, *Mitchell, Mockler, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, 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
Tabling of documents
The Honourable the Speaker tabled the following:
Second Annual Report of the Commissioner of Lobbying for the period ending March 31, 2010, pursuant to the Lobbying Act, R.C., 1985, c. 44 (4th Supp.), s. 11.—Sessional Paper No. 3/40-449.
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The Honourable Senator Comeau tabled the following:
Final Report of the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182.—Sessional Paper No. 3/40-450.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, tabled its third report (interim) entitled: Implementation of Part VII of the Official Languages Act: We can still do better.—Sessional Paper No. 3/40-451S.
The Honourable Senator Chaput 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.
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The Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its fourth report (supplementary budget—study on the examination of federal government's constitutional and legal responsibilities to Aboriginal Peoples).
(The report is printed as Appendix "A" at pages 600-613 (available in print format PDF).)
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Mockler, 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.
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The Honourable Senator Wallin, Chair of the Standing Senate Committee on National Security and Defence, presented its third report (budget—release of additional funds (study on national security and defence policies)—power to travel).
(The report is printed as Appendix "B" at page 614 (available in print format PDF).)
The Honourable Senator Wallin moved, seconded by the Honourable Senator Kochhar, 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.
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The Honourable Senator Angus, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its sixth report (budget—study on Energy Sector—power to hire staff).
(The report is printed as Appendix "C" at pages 615-624 (available in print format PDF).)
The Honourable Senator Angus moved, seconded by the Honourable Senator Brown, 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.
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The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its fifth report (supplementary budget—study on Russia, China and India—power to hire staff and to travel).
(The report is printed as Appendix "D" at pages 625-632 (available in print format PDF).)
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, 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.
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The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its sixth report (Bill C-2, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia, without amendment).
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Marshall, 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.
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The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its fourth report (audited statement of financial position of the Senate of Canada).—Sessional Paper No. 3/40-452S.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-13, An Act to amend the Employment Insurance Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson, 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 Rivard tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association and the Canada-Japan Inter- Parliamentary Group respecting its participation at the 14th Annual Assembly of the Asia-Pacific Parliamentarians Conference on Environment and Development (APPCED), held in Koror, Palau, from November 17 to 19, 2009.—Sessional Paper No. 3/40-453.
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The Honourable Senator Day tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association respecting its participation at the Twelfth Bilateral Meeting, held in Beijing, X'ian, Guilin and Shenzhen, China, from September 18 to 27, 2009.—Sessional Paper No. 3/40-454.
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The Honourable Senator Johnson tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Pacific Northwest Economic Region at the Economic Leadership Forum and Legislative Academy, held in Regina, Saskatchewan, from November 4 to 7, 2009.—Sessional Paper No. 3/40-455.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the National Governors Association Winter Meeting, held in Washington, D.C., United States, from February 20 to 22, 2010. —Sessional Paper No. 3/40-456.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its US Congressional visit to Washington, D.C., United States, from February 23 to 25, 2010.—Sessional Paper No. 3/40-457.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill S-4, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, as amended.
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Nolin, that the bill, as amended, be read the third time.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Fraser, that the debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Cowan, for the second reading of Bill C-34, An Act to amend the Museums Act and to make consequential amendments to other Acts.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, 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.
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Resuming debate on the motion of the Honourable Senator Seidman, seconded by the Honourable Senator Di Nino, for the second reading of Bill C-11, An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Seidman moved, seconded by the Honourable Senator Stewart Olsen, 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.
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Second reading of Bill C-24, An Act to amend the First Nations Commercial and Industrial Development Act and another Act in consequence thereof.
The Honourable Senator Poirier moved, seconded by the Honourable Senator Braley, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Poirier moved, seconded by the Honourable Senator Runciman, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-40, An Act to establish National Seniors Day, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 5 was called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator LeBreton, P.C., for the second reading of Bill S-7, An Act to deter terrorism and to amend the State Immunity Act.
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 Di Nino, that the bill be referred to the Special Senate Committee on Anti-terrorism.
The question being put on the motion, it was adopted.
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Resuming debate on the motion of the Honourable Senator Brown, seconded by the Honourable Senator Runciman, for the second reading of Bill S-8, An Act respecting the selection of senators.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Order No. 8 was 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 Tkachuk:
That, at the end of Question Period and Delayed Answers on Tuesday, June 22, 2010, the Senate resolve itself into a Committee of the Whole in order to receive Ms. Suzanne Legault respecting her appointment as Information Commissioner;
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 witness, with the least possible disruption of the proceedings; and
That the Committee of the Whole report to the Senate no later than one hour after it begins.
The question being put on the motion, it was adopted.
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Order No. 16 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
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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 question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Cordy, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
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Order No. 9 was called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Wallin, for the third reading of Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
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Order No. 2 was called and postponed until the next sitting.
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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 Meighen moved, seconded by the Honourable Senator Cochrane, that further debate on
the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 4 and 5 were called and postponed until the next sitting.
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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 Comeau, for the Honourable Senator Cools, 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.
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Order No. 7 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 7 were called and postponed until the next sitting.
Other
Orders No. 18, 17 (inquiries), 50 (motion), 3, 11, 16, 2 (inquiries), 41 (motion), 1 and 9 (inquiries) were called and postponed until the next sitting.
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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 Comeau moved, seconded by the Honourable Senator LeBreton, P.C., that further debate
on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 10, 15, 8, 5, 12 (inquiries), 38 (motion) and 6 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Harb called the attention of the Senate to the fact that to retain physicians and protect our investment in the doctors we train, Canada should change federal tax laws to allow provinces to negotiate for voluntary pensions with self-employed physicians which would increase retention without necessitating increased funding and reduce federal involvement in this provincial area of jurisdiction.
Debate concluded.
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The Honourable Senator Hervieux-Payette, P.C., called the attention of the Senate to the National securities regulator.
Debate concluded.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-23A, An Act to amend the Criminal Records Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin, 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.
MOTIONS
The Honourable Senator Chaput moved, seconded by the Honourable Senator Lovelace Nicholas:
That, pursuant to rule 95(3)a), the Standing Senate Committee on Official Languages be authorized to sit between Monday, September 13, 2010 and Friday, September 17, 2010, inclusive, even though the Senate may then be adjourned for a period exceeding one week, for the purposes of meeting outside the city of Ottawa in relation to its study of the application of the Official Languages Act and of the regulations and directives made under it.
The question being put on the motion, it was adopted.
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The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Lovelace Nicholas:
That the Standing Senate Committee on Social Affairs, Science and Technology have the power to sit on Tuesday, June 22, 2010, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
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 Wallin:
That when the Senate adjourns today, it do stand adjourned until Monday, June 21, 2010, at 8 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 Patented Medicine Prices Review Board for the year ended December 31, 2009, pursuant to the Patent Act, R.S.C., 1985, c. P-4, sbs. 89(4) and 100(4).—Sessional Paper No. 3/40-440.
Reports of the Canada Revenue Agency for the fiscal year ended March 31, 2010, 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. 3/40-441.
Reports of The Jacques-Cartier and Champlain Bridges Inc. for the fiscal year ended March 31, 2010, 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. 3/40-442.
Summaries of the Corporate Plan for 2010-2014 and of the Operating and Capital Budgets for 2010 of the Pacific Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-443.
Report on operations under the Cultural Property Export and Import Act for the fiscal year ended March 31, 2009, pursuant to the Act, R.S.C. 1985, c. C-51, s. 52.—Sessional Paper No. 3/40-444.
Reports of the Mackenzie Valley Land and Water Board for the fiscal year ended March 31, 2010, 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. 3/40-445.
Reports of the Mackenzie Valley Environmental Impact Review Board for the fiscal year ended March 31, 2010, 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. 3/40-446.
Reports of the First Nations Financial Management Board for the fiscal year ended March 31, 2010, 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. 3/40-447.
Reports of the First Nations Tax Commission for the fiscal year ended March 31, 2010, 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. 3/40-448.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:27 p.m. the Senate was continued until Monday, June 21, 2010, at 8 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Hubley replaced the Honourable Senator Peterson (June 17, 2010).
The Honourable Senator Patterson replaced the Honourable Senator Gerstein (June 17, 2010).
The Honourable Senator Kochhar replaced the Honourable Senator Duffy (June 17, 2010).
The Honourable Senator Gerstein replaced the Honourable Senator Cochrane (June 17, 2010).
The Honourable Senator Peterson replaced the Honourable Senator Moore (June 16, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Raine replaced the Honourable Senator Dickson (June 17, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Frum replaced the Honourable Senator Finley (June 17, 2010).
The Honourable Senator Finley replaced the Honourable Senator Raine (June 17, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Raine replaced the Honourable Senator Runciman (June 17, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Cowan replaced the Honourable Senator Callbeck (June 17, 2010).
The Honourable Senator Runciman replaced the Honourable Senator Carignan (June 17, 2010).
The Honourable Senator Losier-Cool replaced the Honourable Senator Eggleton, P.C. (June 17, 2010).
The Honourable Senator Chaput replaced the Honourable Senator Poulin (June 17, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Wallin replaced the Honourable Senator Plett (June 17, 2010).