Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 77
Monday, December 13, 2010
6:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened 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, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Mitchell, Mockler, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, 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, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Mitchell, Mockler, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Robichaud, Rompkey, Runciman, Segal, Seidman, 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
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Wallin presented the following:
Monday, December 13, 2010
The Standing Senate Committee on National Security and Defence has the honour to present its
FIFTH REPORT
Your committee, which was authorized by the Senate on Tuesday, October 5, 2010 to examine and report on, Motion No. 41 by the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Fraser,
"That the Senate of Canada encourage the Minister of National Defence, in view of the long service, sacrifice and courage of Canadian Naval forces and personnel, to change the official structural name of the Canadian Navy from 'Maritime Command' to 'Canadian Navy' effective from this year, as part of the celebration of the Canadian Navy Centennial, with that title being used in all official and operational materials, in both official languages, as soon as possible", now reports as follows:
Your committee recommends that the Senate adopt an amended version of the motion reading as follows:
"That the Senate of Canada encourage the Minister of National Defence to change the official structural name of 'Maritime Command' to a new name that includes the word 'Navy'."
Respectfully submitted,
PAMELA WALLIN
Chair
The Honourable Senator Wallin moved, seconded by the Honourable Senator Greene, 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-30, An Act to amend the Criminal Code, 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 Tkachuk, 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.
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 Western Governors' Association Annual Meeting, held in Whitefish, United States, on June 27 and 28, 2010.—Sessional Paper No. 3/40-855.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Annual Meeting of the National Governors Association, held in Boston, United States, from July 9 to 11, 2010.—Sessional Paper No. 3/40-856.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 64th Annual Meeting of the Council of State Governments' Southern Legislative Conference, held in Charleston, United States, from July 31 to August 3, 2010.—Sessional Paper No. 3/40-857.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 65th Annual Meeting of the Council of State Governments' Midwestern Legislative Conference, held in Toronto, Ontario, from August 8 to 11, 2010.—Sessional Paper No. 3/40-858.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Council of State Governments' Eastern Regional Conference 50th Annual Meeting and Regional Policy Forum, held in Portland, United States, from August 15 to 18, 2010. —Sessional Paper No. 3/40-859.
° ° °
The Honourable Senator Tardif tabled the following:
Report of the Canadian Delegation of the Canada-France Inter-Parliamentary Association respecting its participation at the 37th Annual Meeting, held in Edmonton and Calgary, Alberta, from August 29 to September 4, 2010.—Sessional Paper No. 3/40-860.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-58, 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 Marshall moved, seconded by the Honourable Senator Kochhar, 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 Comeau 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.
° ° °
Third reading of Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, as amended.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill, as amended, was then read the third time and passed, on division.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
° ° °
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Kochhar, for the third reading of Bill C-36, An Act respecting the safety of consumer products;
And on the motion in amendment of the Honourable Senator Banks, seconded by the Honourable Senator Moore, that Bill C-36 be amended in clause 15, on page 9,
(a) by replacing line 13 with the following:
"information in relation to a consumer product to a person or a government that"; and
(b) by replacing lines 17 to 20 with the following:
"relates only if
(a) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions; and
(b) the disclosure is necessary to identify or address a serious danger to human health or safety.
(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.
(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.
(4) For greater certainty, nothing in this".
After debate,
With leave of the Senate,
In amendment, the Honourable Senator McCoy moved, seconded by the Honourable Senator Poy, that Bill C-36 be
not now read a third time, but that it be amended:
(a) in clause 21(1), on page 10, by replacing lines 34, 35, 36 and 37 with the following:
"(1) Subject to subsection 22(1), if an inspector has reasonable grounds to believe there has been non- compliance with this Act or the regulations, he may, at any reasonable";
(b) in clause 22, on page 12,
(i) by replacing lines 19, 20 and 21 with the following:
"(1) An inspector may not enter the place mentioned in subsection 21(1) without the consent of the occupant";
(ii) by replacing lines 27 and 28 with the following:
"person who is named in it to enter the place if the justice of the peace is satisfied by",
(iii) by replacing line 30 with the following:
"(a) the place is a place described in",
(iv) by replacing line 32 with the following:
"(b) entry to the place is necessary",
(v) by replacing line 35 with the following:
"(c) entry to the place was refused".
(c) by deleting clause 59, on page 31, lines 28 to 41.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Banks, Callbeck, Carstairs, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fairbairn, Fox, Fraser, Furey, Jaffer, Joyal, Mahovlich, Massicotte, McCoy, Mercer, Mitchell, Munson, Murray, Pépin, Poulin, Poy, Ringuette, Rompkey, Smith, Tardif, Watt, Zimmer—34
NAYS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—49
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion in amendment of the Honourable Senator Banks, seconded by the Honourable Senator Moore, that Bill C-36, be amended in clause 15, on page 9,
(a) by replacing line 13 with the following:
"information in relation to a consumer product to a person or a government that"; and
(b) by replacing lines 17 to 20 with the following:
"relates only if
(a) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions; and
(b) the disclosure is necessary to identify or address a serious danger to human health or safety.
(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.
(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.
(4) For greater certainty, nothing in this".
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Banks, Callbeck, Carstairs, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fairbairn, Fox, Fraser, Furey, Jaffer, Joyal, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Mitchell, Munson, Murray, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Rompkey, Smith, Tardif, Watt, Zimmer—37
NAYS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—49
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Kochhar, for the third reading of Bill C-36, An Act respecting the safety of consumer products.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Mockler, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk,Wallace, Wallin—50
NAYS
The Honourable Senators
Banks, Callbeck, Carstairs, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fairbairn, Fox, Fraser, Furey, Jaffer, Joyal, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Mitchell, Munson, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Rompkey, Smith, Tardif, Watt, Zimmer—36
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill C-36 was 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 S-12, A third Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Demers, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Watt moved, seconded by the Honourable Senator Lovelace Nicholas, that
Bill S-12 be not now read a third time, but that it be amended, on page 1, by adding after line 5 the following:
"ABORIGINAL RIGHTS
1.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.''.
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that further
debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Third reading of Bill C-31, An Act to amend the Old Age Security Act.
The Honourable Senator Seidman 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.
° ° °
Orders No. 5 to 10 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
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.
° ° °
Resuming debate on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Marshall, for the second reading of Bill S-209, An Act respecting a national day of service to honour the courage and sacrifice of Canadians in the face of terrorism, particularly the events of September 11, 2001.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Pépin, 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 to 6 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Consideration of the third report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules of the Senate—standing committees), presented in the Senate on December 7, 2010.
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 5 to 7 were called and postponed until the next sitting.
° ° °
Resuming debate on the consideration of the seventh report (interim) of the Standing Senate Committee on Foreign Affairs and International Trade entitled: A Workplan for Canada in the New Global Economy: Responding to the Rise of Russia, India and China, tabled in the Senate on June 28, 2010.
After debate,
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Carignan, 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.
Other
Orders No. 84 (motion), 27, 3, 13, 24 (inquiries), 83 (motion), 7 (inquiry), 38 (motion), 23 (inquiry), 57 (motion), 12 (inquiry), 55 (motion), 21, 17 (inquiries), 50 (motion), 11, 25, 26, 5, 14, 8 and 10 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Stratton moved, seconded by the Honourable Senator Angus:
That the papers and documents received and/or produced by the Standing Committee on Conflict of Interest for Senators during the Second Session of the Fortieth Parliament, and Intersessional Authority be referred to the Standing Committee on Conflict of Interest for Senators.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Stratton moved, seconded by the Honourable Senator Andreychuk:
That, for the duration of the current session, the Standing Committee on Conflict of Interest for Senators be authorized to sit even though the Senate may then be sitting and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Interim Order No. 4 Respecting Mail, Cargo and Baggage (JUS-81100-2-93), dated December 9, 2010, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 3/40-854.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 10:38 p.m. the Senate was continued until 2 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Human Rights
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Hubley (December 13, 2010).
Standing Senate Committee on Official Languages
The Honourable Senator Rivard replaced the Honourable Senator Wallace (December 9, 2010).