Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 74
Tuesday, December 7, 2010
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, *Banks, 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, Eaton, Eggleton, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, *Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, *Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, *Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, Stewart Olsen, 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
Tributes
Tribute was paid to the Honourable Norman Atkins, former Senator, whose death occurred on September 28, 2010.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of documents
The Honourable the Speaker tabled the following:
The 2010 Fall Report of the Commissioner of the Environment and Sustainable Development to the House of Commons, together with an Addendum containing copies of Environmental Petitions received between January 1, 2010 and June 30, 2010, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 23(5).—Sessional Paper No. 3/ 40-841.
° ° °
The Honourable Senator Comeau tabled the following:
Government Response to 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.—Sessional Paper No. 3/40-842S.
(Pursuant to rule 131(4), the report and the response were deemed referred to the Standing Senate Committee on Official
Languages)
Presentation of Reports from Standing or Special Committees
The Honourable Senator Tkachuk presented the following:
Tuesday, December 7, 2010
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
NINTH REPORT
Your Committee recommends that the current Taxi Policy, adopted by the Senate on December 20, 1989 (Thirty-First Report of the Internal Economy Committee) be repealed, and that the repeal of this policy be effective 30 days after the adoption of this report.
Your Committee wishes to inform the Senate that on December 2, 2010, a proposed revised Senate Taxi Policy was reviewed and adopted by the Committee.
The Taxi Policy applies to all persons in the workplace, including Senators, staff of Senators, and staff of the Administration.
This new proposed policy will take effect on the repeal of the current policy as provided in this report. Copies of the policy will be made available on the IntraSen.
Respectfully submitted,
DAVID TKACHUK
Chair
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Patterson, 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.
° ° °
The Honourable Senator Nancy Ruth presented the following:
Tuesday, December 7, 2010
The Standing Senate Committee on Human Rights has the honour to present its
SIXTH REPORT
Your committee, to which was referred Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs), has, in obedience to its order of reference of November 25, 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,
NANCY RUTH
Chair
Observations to the Sixth Report of the Standing Senate Committee on Human Rights
Sex Discrimination
Bill C-3 does not deal with all sex discrimination stemming from the Indian Act.
Exploratory Process
A) It has taken many years, and the discipline and dedication of one woman, Sharon McIvor, to get this issue on the agenda of the government and of aboriginal groups. Therefore, structures and resources need to flow to women and their descendants who were disenfranchised so that these issues be on the priority list in the next stage during the exploratory process.
B) This committee requests that the government table, in the relevant Commons and Senate committees, its progress on the nature and extent of discussions during the exploratory process, particularly as related to matters of Indian Status and gender equality. Furthermore, we request that the government give early indications of legislation and program enhancements relating to Indian registration and band membership.
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Martin, 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 Smith, P.C., presented the following:
Tuesday, December 7, 2010
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
THIRD REPORT
Pursuant to Rule 86(1)(f)(i), your committee is pleased to report as follows:
Paragraphs 86(1)(b) and (c) of the Rules of the Senate provide that there shall be a Standing Joint Committee on the Printing of Parliament and a Standing Joint Committee on the Restaurant of Parliament. No senators have been appointed to these committees since 1984 and the committees have not functioned over this period. The House of Commons removed reference to the Standing Joint Committee on the Printing of Parliament from its Standing Orders in 1986, and they never referred to the Standing Joint Committee on the Restaurant of Parliament. The other place has not named members to the Restaurant Committee since 1980.
Your committee therefore recommends:
That rule 86(1) be amended by:
1. deleting paragraphs (b) and (c), and
2. relettering paragraphs (d) through (t) as (b) through (r).
Respectfully submitted,
DAVID P. SMITH
Chair
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Lovelace Nicholas, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, 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.
° ° °
A message was brought from the House of Commons with a Bill C-35, An Act to amend the Immigration and Refugee Protection 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 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:
Reply to Question No. 34, dated October 6, 2010, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the 400th Anniversary of the founding of Cupids, Newfoundland and Labrador.—Sessional Paper No. 3/40-843S.
ORDERS OF THE DAY
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-215, An Act to amend the Criminal Code (suicide bombings),
And to acquaint the Senate that the Commons has passed this bill with the following amendments to which it desires the concurrence of the Senate:
1. Page 1, clause 1: Replace line 7 in the French version with the following:
"(1.2) Il est entendu que l'attentat suicide à la bombe"
2. Page 1, title: Replace the long title in the French version with the following:
"Loi modifiant le Code criminel (attentats suicides à la bombe)"
The Honourable Senator Frum moved, seconded by the Honourable Senator Ogilvie, that the amendments be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-36, An Act respecting the safety of consumer products.
The Honourable Senator Martin moved, seconded by the Honourable Senator Kochhar, that the bill be read the third time.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Mahovlich, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Duffy for the adoption of the eleventh report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, with an amendment), presented in the Senate on November 4, 2010;
And on the motion in amendment of the Honourable Senator Watt, seconded by the Honourable Senator Merchant, that the eleventh report of the Standing Senate Committee on Legal and Constitutional Affairs be not now adopted but that it be amended:
(a) in the opening paragraph, by replacing "following amendment" with "following amendments"; and
(b) by adding amendment No 2 as follows:
"2. Page 6, clause 6: Add after line 14 the following:
"(6) A court sentencing an aboriginal person who is convicted of an offence under this Part is not required to impose the minimum punishment for the offence if the court is satisfied that
(a) the minimum punishment would be unduly harsh, having regard to the circumstances of the aboriginal offender; and
(b) another sanction that is reasonable in the circumstances is available.
(7) If, under subsection (6), the court decides not to impose a minimum punishment, it shall give reasons for that decision." ".
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Callbeck, Campbell, Carstairs, Chaput, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Fox, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Moore, Munson, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Smith, Tardif, Watt—35
NAYS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Kinsella, Kochhar, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace—45
ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Duffy, for the adoption of the report, it was adopted, on division.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler, that the bill, as amended, 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.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Tardif, for the second reading of Bill S-204, An Act to amend the Criminal Code (protection of children).
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.
Ordered, That committees scheduled to meet today have power to meet during the suspension of the sitting.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-2, An Act to amend the Criminal Code and other Acts,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
Senate Public Bills
Orders No. 2 to 5 were called and postponed until the next sitting.
° ° °
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,
The Honourable Senator Comeau 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.
° ° °
Orders No. 7 to 10 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Peterson, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-219, An Act to amend the Canada Post Corporation Act (rural postal services and the Canada Post Ombudsman).
After debate,
The Honourable Senator Di Nino 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.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
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).
Debate.
Pursuant to rule 13(1), the Speaker left the chair to resume the same at 8 p.m.
The sitting resumed.
Commons Public Bills
The Senate resumed 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 Comeau, for the Honourable Senator Meighen, 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.
° ° °
Orders No. 4 to 6 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Tkachuk, for the adoption of the sixth report of the Standing Senate Committee on Banking, Trade and Commerce (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, with a recommendation), presented in the Senate on November 25, 2010.
After debate,
The question was put on the motion.
Pursuant to rule 67(2), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-47, A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, to which they desire 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.
Reports of Committees
Consideration of the eleventh report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—release of additional funds (study on the energy sector)), presented in the Senate on December 2, 2010.
The Honourable Senator Angus moved, seconded by the Honourable Senator Nancy Ruth, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 to 8 were called and postponed until the next sitting.
Other
Orders No. 23 (inquiry), 57 (motion), 12, 27 (inquiries), 55 (motion), 21, 17 (inquiries), 50 (motion), 11, 25, 26, 5, 14, 8, 10, 3, 13, 2 and 7 (inquiries) were called and postponed until the next sitting.
° ° °
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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summary of the Amendments to the 2010 Capital Budget for Loans and Investments of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-838.
Summary of the Corporate Plan for 2010-2011 to 2014-2015 of Marine Atlantic Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-839.
Interim Order No. 3 Respecting Mail, Cargo and Baggage (JUS-81100-2-92), dated December 6, 2010, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 3/40-840.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 8:34 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Ataullahjan replaced the Honourable Senator Plett (December 7, 2010).
Special Senate Committee on Anti-terrorism
The Honourable Senator Duffy replaced the Honourable Senator Wallin (December 6, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Boisvenu replaced the Honourable Senator Lang (December 7, 2010).
The Honourable Senator Johnson replaced the Honourable Senator Frum (December 7, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Dawson replaced the Honourable Senator Jaffer (December 3, 2010).
Standing Senate Committee on Human Rights
The Honourable Senator Hubley replaced the Honourable Senator Lovelace Nicholas (December 7, 2010).
The Honourable Senator Lovelace Nicholas replaced the Honourable Senator Mercer (December 6, 2010).
The Honourable Senator Mercer replaced the Honourable Senator Hubley (December 6, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Campbell replaced the Honourable Senator Tardif (December 3, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Ataullahjan replaced the Honourable Senator Finley (December 7, 2010).
The Honourable Senator Finley replaced the Honourable Senator Eaton (December 7, 2010).
Standing Senate Committee on Official Languages
The Honourable Senator Losier-Cool replaced the Honourable Senator Munson (December 7, 2010).
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Fraser (December 7, 2010).
The Honourable Senator Munson replaced the Honourable Senator De Bané, P.C. (December 7, 2010).
The Honourable Senator Rivard replaced the Honourable Senator Wallace (December 7, 2010).
The Honourable Senator Fraser replaced the Honourable Senator Losier-Cool (December 3, 2010).
Standing Senate Committee on Transport and Communications
The Honourable Senator Raine replaced the Honourable Senator Plett (December 7, 2010).
Corrigendum
(Journals of the Senate, Tuesday, November 23, 2010)
Add the name of the Honourable Senator Banks to the list of Members convened and to the list of Members in attendance to business.