Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 44
Monday, June 28, 2010
6:00 p.m.
The Honourable Donald H. Oliver, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Manning, Marshall, Martin, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Manning, Marshall, Martin, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, 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.
(Pursuant to rule 17(2) the adjournment of the Senate was extended from June 24 to June 28, 2010 at 6 p.m.)
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Oliver, Speaker pro tempore, took the Chair, pursuant to rule 11.
PRAYERS
The Senate observed a minute of silence in memory of Master Corporal Kristal Giesebrecht and Private Andrew Miller whose tragic deaths occurred this past weekend while serving their country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Eggleton, P.C., presented the following:
Monday, June 28, 2010
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
NINTH REPORT
Your committee, to which was referred Bill C-11, An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act, has, in obedience to the order of reference of Thursday, June 17, 2010, examined the said bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
ART EGGLETON
Chair
Observations to the Ninth Report of the Standing Senate Committee on Social Affairs, Science and Technology
The committee was pleased to learn of Citizenship and Immigration Canada's plan to conduct an internal evaluation of the immigration system as reformed by the bill three years after implementation and requests that the Minister make this report available to both Houses of Parliament for their consideration.
The committee was pleased to hear from all officials that the quality of personnel will be critical to the success of the implementation of the bill and we urge every effort to secure appropriately qualified personnel for the Refugee Protection Division and the Refugee Appeal Division.
With leave of the Senate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Smith, P.C., that the bill be
placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its tenth report (Bill C-13, An Act to amend the Employment Insurance Act, without amendment).
With leave of the Senate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Smith, P.C., that the bill be
placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its seventh report (Bill S-6, An Act to amend the Criminal Code and another Act, without amendment).
The Honourable Senator Carignan moved, seconded by the Honourable Senator Greene, 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.
° ° °
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its eighth report (Bill C-23A, An Act to amend the Criminal Records Act, without amendment).
With leave of the Senate,
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Greene, that the bill be placed on
the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled its ninth report entitled: Public Protection, Privacy and the Search for Balance: A Statutory Review of the DNA Identification Act.—Sessional Paper No. 3/40-465S.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, 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.
Tabling of Reports from Inter-Parliamentary Delegations
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 3rd Annual Conference of the Southeastern United States-Canadian Provinces Alliance, held in Biloxi, Mississippi, United States, from April 11 to 13, 2010.—Sessional Paper No. 3/40-466.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Canadian/American Border Trade Alliance Conference, held in Ottawa, Ontario, from May 2 to 4, 2010.—Sessional Paper No. 3/40-467.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 51st Annual Meeting, held in New Orleans, Louisiana, United States, from May 7 to 10, 2010.—Sessional Paper No. 3/40-468.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-44, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Johnson, 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 Gerstein moved, seconded by the Honourable Senator Johnson, 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.
° ° °
Second reading of Bill C-45, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, 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 Gerstein moved, seconded by the Honourable Senator Di Nino, 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.
° ° °
Third reading of Bill C-23A, An Act to amend the Criminal Records Act.
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Gerstein, that the bill be read the third time.
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.
° ° °
Third 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 Stewart Olsen, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Third reading of Bill C-34, An Act to amend the Museums Act and to make consequential amendments to other Acts.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Third reading of Bill C-11, An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act.
The Honourable Senator Seidman moved, seconded by the Honourable Senator Tkachuk, 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 a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Third reading of Bill C-13, An Act to amend the Employment Insurance Act.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Di Nino, 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 a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Meighen, for the second reading of Bill C-40, An Act to establish National Seniors Day.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Chaput, 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 Presentation of Reports from Standing or Special Committees.
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its seventh report (interim) entitled: A Workplan for Canada in the New Global Economy: Responding to the Rise of Russia, India and China.—Sessional Paper No. 3/40-469S.
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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 7 to 9 were called and postponed until the next sitting.
° ° °
Resuming debate 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.
After debate,
The Honourable Senator McCoy moved, seconded by the Honourable Senator Poy, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Consideration of the fifth report of the Standing Senate Committee on National Finance (Supplementary Estimates (A), 2010-2011), presented in the Senate on June 22, 2010.
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Mercer, that 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, 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,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the motion be amended by replacing all the words following the words ``the Minister of Canadian Heritage and Official Languages'' with the following:
"being identified as Minister responsible for responding to the report, in consultation with the Minister of Justice and the President of the Treasury Board".
After debate,
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Chaput, seconded by the Honourable Senator Mercer:
That 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, 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 being identified as Minister responsible for responding to the report, in consultation with the Minister of Justice and the President of the Treasury Board.
The motion, as amended, was adopted.
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ogilvie, seconded by the Honourable Senator Wallace, for the adoption of the sixth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-211, An Act respecting World Autism Awareness Day, with amendments), presented in the Senate on June 8, 2010.
After debate,
The Honourable Senator Ringuette 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.
° ° °
Orders No. 6 to 9 were called and postponed until the next sitting.
Other
Orders No. 38 (motion), 13 (inquiry), 57 (motion), 7, 18, 17 (inquiries), 50 (motion), 3, 11 and 16 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Raine, calling the attention of the Senate to the success of the 2010 Olympic Winter Games held in Vancouver, Richmond and Whistler from February 12 to 28 and, in particular, to how the performance of the Canadian athletes at the Olympic and Paralympic Games can inspire and motivate Canadians and especially children to become more fit and healthy.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, that further debate on the
inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 41 (motion), 1, 9 and 10 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Di Nino, calling the attention of the Senate to the impact of the recent global economic crisis on Society.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, that further debate on the
inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Finley, calling the attention of the Senate to the issue of the erosion of Freedom of Speech in our country.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that further debate on
the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Carstairs, P.C., calling the attention of the Senate to the Impact of Dementia on the Canadian Society.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Mahovlich, that further debate on
the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to the relationship between the environment and human rights.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, 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 Ogilvie moved, seconded by the Honourable Senator Eggleton, P.C.:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on Canada's pandemic preparedness;
That in particular the Committee be authorized to examine issues concerning Canada's past pandemic preparedness, lessons learned from the response to the 2009 pandemic virus (H1N1), the roles of all levels of government in pandemic preparedness, and Canada's future pandemic preparedness;
That the Committee's examination include processes and ethical issues related to pandemic preparedness;
That the Committee submit its final report no later than October 31, 2010, and that the Committee retain all powers necessary to publicize findings of the Committee until January 31, 2011.
After debate,
The question being put on the motion, it was adopted.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to subsection 12(1) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:
—By written declaration, June 28, 2010, the Honourable Senator Segal (Bill C-9).
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 8:55 p.m. the Senate was continued until 2 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on Anti-terrorism
The Honourable Senator Wallace replaced the Honourable Senator Nolin (June 28, 2010).
The Honourable Senator Plett replaced the Honourable Senator Marshall (June 25, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Moore replaced the Honourable Senator Eggleton, P.C. (June 28, 2010).
The Honourable Senator St. Germain, P.C., replaced the Honourable Senator Nolin (June 25, 2010).
The Honourable Senator Gerstein replaced the Honourable Senator Nancy Ruth (June 25, 2010).
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Hubley (June 23, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Seidman replaced the Honourable Senator Rivard (June 23, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Watt replaced the Honourable Senator Chaput (June 28, 2010).
The Honourable Senator Rivest replaced the Honourable Senator Plett (June 25, 2010).
The Honourable Senator Runciman replaced the Honourable Senator Ogilvie (June 23, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Peterson (June 28, 2010).
The Honourable Senator Moore replaced the Honourable Senator Dawson (June 28, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Callbeck replaced the Honourable Senator Mercer (June 28, 2010).