59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 62

Tuesday, November 2, 2010
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Pépin, Peterson, Raine, Ringuette, Rivest, Robichaud, Runciman, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, *Hubley, Jaffer, Johnson, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, *Murray, Nancy Ruth, Neufeld, Ogilvie, *Oliver, *Patterson, Pépin, Peterson, *Poirier, Raine, Ringuette, Rivest, Robichaud, *Rompkey, Runciman, Segal, Seidman, 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

Tabling of Documents

The Honourable Senator Comeau tabled the following:

Report of the Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River.—Sessional Paper No. 3/40-799.

Report on the Operation of the Immigration and Refugee Protection Act for the year 2010, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 94(1).—Sessional Paper No. 3/40-800.

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The Honourable the Speaker tabled the following:

Annual Report, Volume II, of the Commissioner of Official Languages for the year ended March 31, 2010, entitled: Beyond Obligations, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th supp.), s. 66.—Sessional Paper No. 3/40-801.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-36, An Act respecting the safety of consumer products, 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

Third reading of Bill S-7, An Act to deter terrorism and to amend the State Immunity Act.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Wallace, that the bill be read the third time.

After debate,
With leave of the Senate,
In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Mockler, that Bill S-7 be not now read a third time but that it be amended in clause 7,

(a) on page 4,

(i) by replacing line 33 with the following:

"Council may, at any time, set out the name of a foreign state", and

(ii) by adding after line 40 the following:

"(3) The list must be established no later than six months after the day on which this section comes into force."; and

(b) on page 5,

(i) by renumbering subsections 6.1(3) to 6.1(6) as subsections 6.1(4) to 6.1(7) and any cross-references thereto accordingly,

(ii) by replacing lines 22 to 29 with the following:

"(a) whether there are still reasonable grounds, as set out in subsection (2), for a foreign state to be set out on the list and make a recommendation to the Governor in Council as to whether the foreign state should remain set out on the list; and

(b) whether there are reasonable grounds, as set out in subsection (2), for a foreign state that is not set out on the list to be set out on the list and, if so, make a recommendation to the Governor in Council as to whether the foreign state should be set out on the list.

(8) The review does not affect the validity of the list.

(9) The Minister must complete the review", and

(iii) by adding, after line 34, the following:

"(10) Where proceedings for support of terrorism are commenced against a foreign state that is set out on the list, the subsequent removal of the foreign state from the list does not have the effect of restoring the state's immunity from the jurisdiction of a court in respect of those proceedings or any related appeal or enforcement proceedings.".

After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Mercer, that further debate on the motion in amendment be adjourned until the next sitting.

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

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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 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 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.

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Orders No. 4 to 6 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 10 were called and postponed until the next sitting.

Commons Public Bills

Orders No. 1 to 4 were 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 Braley, that further debate on the motion be adjourned until the next sitting.

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

Reports of Committees

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

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Consideration of the sixth report of the Standing Committee on Internal Economy, Budgets and Administration (request from the Auditor General to conduct a performance audit of the Senate Administration), presented in the Senate on October 28, 2010.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Furey, that the report be adopted.

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

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Orders No. 3 to 9 were called and postponed until the next sitting.

Other

Orders No. 3, 23, 13, 2, 7 (inquiries), 38, 57 (motions), 12, 21 (inquiries), 55 (motion), 16, 17 (inquiries), 50 (motion), 14, 11, 5 and 8 (inquiries) were called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Brazeau, calling the attention of the Senate to the issue of accountability, transparency and responsibility in Canada's Aboriginal Affairs.

After debate,
The Honourable Senator Comeau 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.

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

Report on human resources management in the Public Service of Canada for the fiscal year ended March 31, 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 12.4(1) and to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "28" and 13.—Sessional Paper No. 3/40-796.

Report of the Canadian Dairy Commission, together with the Auditor General's Report, for the dairy year ended July 31, 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 3/ 40-797.

Report of the Canada Foundation for Innovation, together with the Auditors' Report, for the fiscal year ended March 31, 2010, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 3/ 40-798.

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 3:40 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)

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Peterson replaced the Honourable Senator Campbell (November 1, 2010).

The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Sibbeston (November 1, 2010).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Housakos replaced the Honourable Senator Plett (November 1, 2010).

The Honourable Senator Marshall replaced the Honourable Senator Rivard (November 1, 2010).

The Honourable Senator Plett replaced the Honourable Senator MacDonald (October 29, 2010).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Banks replaced the Honourable Senator Moore (October 28, 2010).

Standing Senate Committee on Human Rights

The Honourable Senator Martin replaced the Honourable Senator Boisvenu (November 1, 2010).

The Honourable Senator Boisvenu replaced the Honourable Senator Kochhar (November 1, 2010).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Kinsella replaced the Honourable Senator Meighen (October 29, 2010).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Banks replaced the Honourable Senator Watt (November 2, 2010).

The Honourable Senator Joyal, P.C., replaced the Honourable Senator Banks (October 28, 2010).

The Honourable Senator Chaput replaced the Honourable Senator Hubley (October 28, 2010).

The Honourable Senator Watt replaced the Honourable Senator Mahovlich (October 28, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Ataullahjan replaced the Honourable Senator Finley (November 1, 2010).

The Honourable Senator Peterson replaced the Honourable Senator Poulin (November 1, 2010).

Standing Senate Committee on National Security and Defence

The Honourable Senator Dallaire replaced the Honourable Senator Munson (November 2, 2010).

The Honourable Senator Munson replaced the Honourable Senator Dallaire (November 1, 2010).

The Honourable Senator Marshall replaced the Honourable Senator Plett (October 29, 2010).

The Honourable Senator Greene replaced the Honourable Senator Patterson (October 29, 2010).

The Honourable Senator Segal replaced the Honourable Senator Manning (October 29, 2010).

Standing Senate Committee on Official Languages

The Honourable Senator Losier-Cool replaced the Honourable Senator Fraser (November 2, 2010).

The Honourable Senator Fraser replaced the Honourable Senator Losier-Cool (October 29, 2010).

The Honourable Senator Wallace replaced the Honourable Senator Rivard (October 29, 2010).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Seidman replaced the Honourable Senator Carignan (November 1, 2010).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Callbeck replaced the Honourable Senator Fairbairn, P.C. (October 29, 2010).

The Honourable Senator Braley replaced the Honourable Senator Lang (October 29, 2010).

The Honourable Senator Lang replaced the Honourable Senator Braley (October 29, 2010).

Standing Senate Committee on Transport and Communications

The Honourable Senator Boisvenu replaced the Honourable Senator Plett (November 1, 2010).