59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 42

Tuesday, June 22, 2010
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, 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, 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, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, 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, 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, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, 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 Wallin, Chair of the Standing Senate Committee on National Security and Defence, tabled its fourth report (interim) entitled: Where we go from here: Canada's Mission in Afghanistan.—Sessional Paper No. 3/ 40-463S.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Martin, 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 Johnson, Chair of the Standing Senate Committee on Human Rights, tabled its fourth report (interim) entitled: Canada and the United Nations Human Rights Council: Charting a New Course.—Sessional Paper No. 3/40-464S.

The Honourable Senator Johnson moved, seconded by the Honourable Senator Andreychuk, 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 Dyck, Deputy Chair of the Standing Senate Committee on Aboriginal Peoples, presented its fifth report (Bill C-24, An Act to amend the First Nations Commercial and Industrial Development Act and another Act in consequence thereof, without amendment).

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas, 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Wallace presented a Bill S-222, An Act respecting a Tartan Day.

The bill was read the first time.

The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler, 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.

COMMITTEE OF THE WHOLE

At 2:47 p.m., pursuant to the order adopted on June 17, 2010, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Ms. Suzanne Legault respecting her appointment as Information Commissioner, the Honourable Senator Oliver in the Chair.

—In the Committee—

Pursuant to the order adopted on June 17, 2010, Ms. Suzanne Legault was escorted to her seat in the Senate Chamber.

Debate.

Ordered, That the Committee rise, and that the Chair report that the Committee has heard the witness.

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The sitting of the Senate resumed.

The Chair of the Committee informed the Senate that the Committee has heard the witness.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen:

That in accordance with section 54(1) of the Access to Information Act, Chapter A-1, R.S.C. 1985, the Senate approve the appointment of Ms. Suzanne Legault as Information Commissioner.

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

Bills

Orders No. 2 to 5 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

Orders No. 1 to 8 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 Meighen moved, seconded by the Honourable Senator Oliver, 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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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).

Debate.

DEFERRED VOTE

At 5:30 p.m., pursuant to rule 67, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Jaffer to the motion of the Honourable Senator Nancy Ruth seconded by the Honourable Senator Nolin, for the 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 question was put on the motion in amendment of the Honourable Senator Jaffer, seconded by the Honourable Senator Dyck, that the bill be not now read a third time but that it be amended:

(a) on page 5, by adding after line 17 the following:

"2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.";

(b) on page 43, by adding after line 10 the following:

"REVIEW AND REPORT

57.1 (1) Within five years after the day on which this Act receives royal assent, a comprehensive review of its provisions and operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to that House or both Houses.".

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

Baker, Banks, Callbeck, Carstairs, Chaput, Cordy, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fox, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Joyal, Lapointe, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Munson, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Rompkey, Smith, Tardif, Zimmer—39

NAYS

The Honourable Senators

Andreychuk, Angus, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Rivest, Runciman, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—51

ABSTENTIONS

The Honourable Senators

Cools—1

The question was then put on the motion of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Nolin, for the 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 Lovelace Nicholas moved, seconded by the Honourable Senator Cordy, that further debate on the motion be adjourned until the next sitting.

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

Commons Public Bills

The Senate resumed 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 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 Mahovlich, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

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With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.

The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its eighth report (Bill C-34, An Act to amend the Museums Act and to make consequential amendments to other Acts, without amendment).

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator De Bané, P.C., 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 Day, Chair of the Standing Senate Committee on National Finance, presented its fifth report (Supplementary Estimates (A), 2010-2011).

(The report is printed as an appendix at pages 654-679 (available in print format PDF).)

The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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.

ORDERS OF THE DAY

OTHER BUSINESS

Commons Public Bills

Orders No. 3 to 6 were called and postponed until the next sitting.

Reports of Committees

Consideration of the third report (interim) of the Standing Senate Committee on Official Languages entitled: Implementation of Part VII of the Official Languages Act: We can still do better, tabled in the Senate on June 17, 2010.

The Honourable Senator Chaput moved, seconded by the Honourable Senator Mercer:

That the third report of the Standing Senate Committee on Official Languages entitled Implementation of Part VII of the Official Languages Act: We can still do better, tabled in the Senate on June 17, 2010, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage and Official Languages, the Minister of Justice and the President of Treasury Board being identified as ministers responsible for responding to the report.

After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, 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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Consideration of the fourth report of the Standing Senate Committee on Aboriginal Peoples (supplementary budget—study on the examination of federal government's constitutional and legal responsibilities to Aboriginal Peoples), presented in the Senate on June 17, 2010.

The Honourable Senator Dyck moved, seconded by the Honourable Senator Peterson, that the report be adopted.

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

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Order No. 3 was called and postponed until the next sitting.

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Consideration of the sixth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on Energy Sector—power to hire staff), presented in the Senate on June 17, 2010.

The Honourable Senator Angus moved, seconded by the Honourable Senator Lang, that the report be adopted.

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

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Consideration of the fifth report of the Standing Senate Committee on Foreign Affairs and International Trade (supplementary budget—study on Russia, China and India—power to hire staff and to travel), presented in the Senate on June 17, 2010.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that the report be adopted.

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

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Consideration of the second report of the Standing Senate Committee on Human Rights entitled: Reflecting the Changing Face of Canada: Employment Equity in the Federal Public Service, tabled in the Senate on June 15, 2010.

The Honourable Senator Johnson moved, seconded by the Honourable Senator Andreychuk, that the report be adopted.

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

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Orders No. 7 to 9 were called and postponed until the next sitting.

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Resuming debate on the 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 Tkachuk, 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.

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Orders No. 11 and 12 were called and postponed until the next sitting.

Other

Orders No. 7, 18, 17 (inquiries), 50 (motion), 3, 11, 16, 2 (inquiries), 41 (motion), 1, 9, 10, 15, 8, 5 and 12 (inquiries) were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Dallaire, seconded by the Honourable Senator Robichaud, P.C.:

That in the opinion of the Senate, the government should establish a National Day of Remembrance and Action on Mass Atrocities on April 23 annually, the birthday of former Prime Minister Lester B. Pearson's, in recognition of his commitment to peace and international cooperation to end crimes against humanity.

After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson, 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. 6 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.

INQUIRIES

The Honourable Senator Poy called the attention of the Senate to the choices women have in all aspects of our lives.

After debate,

The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Joyal, 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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Ordered, That Order No. 3 under ORDERS OF THE DAY, OTHER BUSINESS, Reports of Committees, be again called.

Consideration of the third report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds (study on national security and defence policies)—power to travel), presented in the Senate on June 17, 2010.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Di Nino, that the report be adopted.

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

MOTIONS

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Banks:

Whereas the $5, $10 and $50 Canadian banknotes represent Sir Wilfrid Laurier, Sir John A. Macdonald and W.L. Mackenzie King respectively, and whereas each of these bills clearly mention in printed form their name, title and dates of function;

Whereas the 20$ banknotes represent a portrait of H.M. Queen Elizabeth II but without her name or title;

The Senate recommends that the Bank of Canada add in printed form, under the portrait of Her Majesty, the name and title of H.M. Elizabeth II, Queen of Canada, to the next series of $20 Canadian banknotes to be printed.

Debate.

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Ordered, That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to sit today even though the Senate may now be sitting.

The Senate resumed debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Banks:

Whereas the $5, $10 and $50 Canadian banknotes represent Sir Wilfrid Laurier, Sir John A. Macdonald and W.L. Mackenzie King respectively, and whereas each of these bills clearly mention in printed form their name, title and dates of function;

Whereas the 20$ banknotes represent a portrait of H.M. Queen Elizabeth II but without her name or title;

The Senate recommends that the Bank of Canada add in printed form, under the portrait of Her Majesty, the name and title of H.M. Elizabeth II, Queen of Canada, to the next series of $20 Canadian banknotes to be printed.

After debate,
The Honourable Senator Di Nino 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.

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The Honourable Senator Johnson moved, seconded by the Honourable Senator Stratton:

That notwithstanding the order of the Senate adopted on March 23, 2010, the date for the presentation of the final report by the Standing Senate Committee on Human Rights on issues of discrimination in the hiring and promotion practices of the Federal Public Service be extended from June 30, 2010, to March 31, 2011.

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

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The Honourable Senator Johnson moved, seconded by the Honourable Senator Stratton:

That notwithstanding the order of the Senate adopted on March 23, 2010, the date for the presentation of the final report by the Standing Senate Committee on Human Rights on issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations be extended from June 30, 2010, to March 31, 2011.

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

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The Honourable Senator Johnson moved, seconded by the Honourable Senator Andreychuk:

That notwithstanding the order of the Senate adopted on March 23, 2010, the date for the presentation of the final report by the Standing Senate Committee on Human Rights on the implementation of recommendations contained in the committee's report entitled Children: The Silenced Citizens: Effective Implementation of Canada's International Obligations with Respect to the Rights of Children, tabled in the Senate on April 25, 2007, be extended from June 30, 2010, to March 31, 2011.

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

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The Honourable Senator Johnson moved, seconded by the Honourable Senator Di Nino:

That notwithstanding the order of the Senate adopted on March 23, 2010, the date for the presentation of the final report by the Standing Senate Committee on Human Rights on the issue of the sexual exploitation of children in Canada be extended from June 30, 2010, to March 31, 2011.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 6:34 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

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Changes in Membership of Committees Pursuant to Rule 85(4)

Special Senate Committee on Anti-terrorism

The Honourable Senator Marshall replaced the Honourable Senator Manning (June 21, 2010).

The Honourable Senator Manning replaced the Honourable Senator Marshall (June 21, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Peterson replaced the Honourable Senator Eggleton, P.C. (June 21, 2010).

The Honourable Senator Dickson replaced the Honourable Senator Plett (June 21, 2010).

The Honourable Senator Plett replaced the Honourable Senator Dickson (June 21, 2010).

Standing Senate Committee on National Security and Defence

The Honourable Senator Manning replaced the Honourable Senator Segal (June 22, 2010).

The Honourable Senator Segal replaced the Honourable Senator Manning (June 21, 2010).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Callbeck replaced the Honourable Senator Jaffer (June 22, 2010).

The Honourable Senator Jaffer replaced the Honourable Senator Callbeck (June 22, 2010).