59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 64

Thursday, November 4, 2010
1:30 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, Campbell, Carignan, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Furey, Gerstein, Hervieux-Payette, Housakos, Johnson, Joyal, 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, Oliver, Pépin, Peterson, Plett, Raine, Ringuette, Robichaud, Runciman, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Furey, Gerstein, Hervieux-Payette, Housakos, *Hubley, Johnson, Joyal, 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, Plett, *Poirier, Raine, Ringuette, Robichaud, *Rompkey, Runciman, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, 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:

Annual Report of the President of the Treasury Board of Canada, entitled "Canada's Performance — The Government of Canada's Contribution" for the year 2009-2010.—Sessional Paper No. 3/40-804.

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Supplementary Estimates (B) 2010-2011.—Sessional Paper No. 3/40-805.

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Departmental Performance Reports for the fiscal year ended March 31, 2010:

Agriculture and Agri-Food Canada

Assisted Human Reproduction Canada

Atlantic Canada Opportunities Agency

Canada Border Services Agency

Canada Industrial Relations Board

Canada Revenue Agency

Canada School of Public Service

Canadian Artists and Producers Professional
Relations Tribunal

Canadian Centre for Occupational Health and Safety

Canadian Environmental Assessment Agency

Canadian Food Inspection Agency

Canadian Forces Grievance Board

Canadian Grain Commission

Canadian Heritage

Canadian Human Rights Commission

Canadian Human Rights Tribunal

Canadian Institutes of Health Research

Canadian Intergovernmental Conference Secretariat

Canadian International Development Agency

Canadian International Trade Tribunal

Canadian Nuclear Safety Commission

Canadian Radio-television and Telecommunications
Commission

Canadian Space Agency

Canadian Transportation Agency

Citizenship and Immigration Canada

Commission for Public Complaints Against the
Royal Canadian Mounted Police

Copyright Board of Canada

Correctional Service Canada

Courts Administration Service

Department of Finance Canada

Department of Justice Canada

Economic Development Agency of Canada for the
Regions of Quebec

Environment Canada

Financial Transactions and Reports Analysis Centre of
Canada

Fisheries and Oceans Canada

Foreign Affairs and International Trade Canada

Hazardous Materials Information Review
Commission Canada

Health Canada

Human Resources and Skills Development Canada

Immigration and Refugee Board of Canada

Indian and Northern Affairs Canada and Canadian
Polar Commission

Indian Residential Schools Truth and Reconciliation
Commission Secretariat

Industry Canada

Infrastructure Canada

Library and Archives Canada

Military Police Complaints Commission

NAFTA Secretariat — Canadian Section

National Defence

National Energy Board

National Film Board of Canada

National Parole Board

National Research Council Canada

National Round Table on the Environment and the Economy

Natural Resources Canada

Natural Sciences and Engineering Research Council of Canada

Northern Pipeline Agency Canada

Office of the Auditor General of Canada

Office of the Chief Electoral Officer

Office of the Commissioner for Federal Judicial Affairs

Office of the Commissioner of Lobbying of Canada

Office of the Commissioner of Official Languages

Office of the Communications Security Establishment
Commissioner

Office of the Public Sector Integrity Commissioner of Canada

Office of the Superintendent of Financial Institutions

Offices of the Information and Privacy Commissioners
of Canada

Parks Canada

Patented Medicine Prices Review Board Canada

Privy Council Office and Public Appointments Commission Secretariat

Public Health Agency of Canada

Public Prosecution Service of Canada

Public Safety Canada

Public Servants Disclosure Protection Tribunal Canada

Public Service Commission of Canada

Public Service Labour Relations Board

Public Service Staffing Tribunal

Public Works and Government Services Canada

RCMP External Review Committee

Registry of the Competition Tribunal

Registry of the Specific Claims Tribunal

Royal Canadian Mounted Police

Security Intelligence Review Committee

Social Sciences and Humanities Research Council

Statistics Canada

Status of Women Canada

Supreme Court of Canada

The Correctional Investigator Canada

The National Battlefields Commission

Transport Canada

Transportation Appeal Tribunal of Canada

Transportation Safety Board of Canada

Treasury Board of Canada Secretariat

Veterans Affairs Canada

Western Economic Diversification Canada.
—Sessional Paper No. 3/40-806.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Fraser presented the following:

Thursday, November 4, 2010

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

ELEVENTH REPORT

Your committee, to which was referred Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, has, in obedience to the order of reference of Wednesday, September 29, 2010, examined the said Bill and now reports the same with the following amendment:

1. Page 5, clause 5: Replace lines 15 to 22 with the following:

"8.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established for that purpose.".

Respectfully submitted,

JOAN FRASER

Chair

The Honourable Senator Fraser moved, seconded by the Honourable Senator Smith, 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Orders No. 1 and 2 were called and postponed until the next sitting.

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Second reading of Bill C-36, An Act respecting the safety of consumer products.

The Honourable Senator Martin moved, seconded by the Honourable Senator Braley, that the bill be read the second time.

After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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 7 were 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 Di Nino:

That, in accordance with rule 74(1), the Standing Senate Committee on National Finance be authorized to examine the subject-matter of Bill C-47, A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, introduced in the House of Commons on September 30, 2010, in advance of the said bill coming before the Senate.

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

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

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (B) for the fiscal year ending March 31, 2011, with the exception of Parliament Vote 10.

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

OTHER BUSINESS

Senate Public Bills

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

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Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Mahovlich, for the second reading of Bill S-220, An Act to amend the Official Languages Act (communications with and services to the public).

After debate,
Further debate on the motion was adjourned until the nextsitting in the name of the Honourable Senator Comeau.

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Orders No. 5 to 10 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

Consideration of the fifth report of the Standing Senate Committee on Banking, Trade and Commerce (User Fee Proposal for Services under the Canada Not-for-Profit Corporations Act), presented in the Senate on November 3, 2010.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Chaput, that the report be adopted.

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

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Orders No. 2 to 5 were called and postponed until the next sitting.

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Consideration of the tenth report of the Standing Senate Committee on Legal and Constitutional Affairs, entitled: Report on the use of Assistive Voting Device for Persons with Disabilities, tabled in the Senate on October 21, 2010.

Debate concluded.

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

Other

Orders No. 23, 10, 3, 13, 2, 7 (inquiries), 38, 57 (motions), 12, 21 (inquiries), 55 (motion), 16, 17 (inquiries), 50 (motion), 14, 11 and 5 (inquiries) were called and postponed until the next sitting.

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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 Comeau, for the Honourable Senator Cools, 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.

MOTIONS

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

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on the political and economic developments in Brazil and the implications for Canadian policy and interests in the region, and other related matters; and

That the committee submit its final report to the Senate no later than December 22, 2011 and that the committee retain all powers necessary to publicize its findings until March 31, 2012.

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

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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 Johnson:

That when the Senate adjourns today, it do stand adjourned until Tuesday, November 16, 2010, at 2 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 Canada Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the Canada Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No.3/40-803.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 3:26 p.m. the Senate was continued until Tuesday, November 16, 2010 at 2 p.m.)

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

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Ataullahjan replaced the Honourable Senator Patterson (November 3, 2010).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Meighen replaced the Honourable Senator Rivard (November 4, 2010).

The Honourable Senator Rivard replaced the Honourable Senator Marshall (November 4, 2010).

The Honourable Senator Plett replaced the Honourable Senator Housakos (November 3, 2010).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Marshall replaced the Honourable Senator Greene (November 4, 2010).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Dawson replaced the Honourable Senator Jaffer (November 4, 2010).

The Honourable Senator Munson replaced the Honourable Senator Downe (November 3, 2010).

The Honourable Senator Raine replaced the Honourable Senator Finley (November 3, 2010).

Standing Senate Committee on Human Rights

The Honourable Senator Kochhar replaced the Honourable Senator Martin (November 3, 2010).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Stewart Olsen replaced the Honourable Senator Rivest (November 4, 2010).

Standing Joint Committee on the Library of Parliament

The Honourable Senator Lapointe replaced the Honourable Senator Mercer (November 4, 2010).

The Honourable Senator Mercer replaced the Honourable Senator Lapointe (November 4, 2010).

The Honourable Senator Kochhar replaced the Honourable Senator Greene (November 3, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Dawson (November 4, 2010).

The Honourable Senator Dawson replaced the Honourable Senator Eggleton, P.C. (November 3, 2010).

The Honourable Senator Eaton replaced the Honourable Senator Finley (November 3, 2010).

The Honourable Senator Finley replaced the Honourable Senator Ataullahjan (November 3, 2010).

Standing Senate Committee on National Security and Defence

The Honourable Senator Plett replaced the Honourable Senator Marshall (November 3, 2010).

The Honourable Senator Patterson replaced the Honourable Senator Greene (November 3, 2010).

The Honourable Senator Manning replaced the Honourable Senator Segal (November 3, 2010).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Carignan replaced the Honourable Senator Seidman (November 3, 2010).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Braley replaced the Honourable Senator Poirier (November 4, 2010).

Standing Senate Committee on Transport and Communications

The Honourable Senator Plett replaced the Honourable Senator Boisvenu (November 3, 2010).