Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 78
Tuesday, December 14, 2010
2:00 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, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, 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, 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, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, 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, 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 Martin, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its second report (Report No. 86 — Indian Estates Regulations). —Sessional Paper No. 3/40-861S.
The Honourable Senator Martin moved, seconded by the Honourable Senator Lang, 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 Dyck, Deputy Chair of the Standing Senate Committee on Aboriginal Peoples, tabled its seventh report entitled: The Journey Ahead: Report on progress since the Government of Canada's apology to former students of Indian Residential Schools.—Sessional Paper No. 3/40-862S.
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The Honourable Senator Dawson, Chair of the Standing Senate Committee on Transport and Communications, presented its fifth report (budget—study on the emerging issues related to the Canadian airline industry—power to travel).
(The report is printed as an appendix at pages 1142-1147 (available in print format PDF).)
The Honourable Senator Dawson moved, seconded by the Honourable Senator Losier-Cool, 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.
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The Honourable Senator Dawson, Chair of the Standing Senate Committee on Transport and Communications, presented its sixth report (Bill C-28, An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, without amendment).
With leave of the Senate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Meighen, 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 Day, Chair of the Standing Senate Committee on National Finance, tabled its eighth report entitled: The Costs and Benefits of Canada's One-Cent Coin to Canadian Tax Payers and the Overall Economy.—Sessional Paper No. 3/40-863S.
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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 Day, Chair of the Standing Senate Committee on National Finance, presented its ninth report (Bill C-47, A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, without amendment).
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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 Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its eighth report entitled: Seizing Opportunities for Canadians: India's Growth and Canada's Future Prosperity. —Sessional Paper No. 3/40-864S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Braley, 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
Reports of Committees
Consideration of the seventh report of the Standing Senate Committee on National Finance (Supplementary Estimates (B), 2010-2011), presented in the Senate on December 9, 2010.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The question being put on the motion, it was adopted, on division.
Bills
Resuming debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator Demers, for the 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;
And, on the motion in amendment of the Honourable Senator Watt, 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 question being put on the motion in amendment, it was negatived.
The Senate resumed debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator Demers, for the 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.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
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.
° ° °
Orders No. 3 to 5 were called and postponed until the next sitting.
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Third reading of Bill C-28, An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, 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.
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Orders No. 6 and 7 were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Brazeau, seconded by the Honourable Senator Lang, for the second reading of Bill S-11, An Act respecting the safety of drinking water on first nation lands.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Brazeau moved, seconded by the Honourable Senator Segal, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
° ° °
Third 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 Poirier, 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.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate 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 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 Marshall moved, seconded by the Honourable Senator Kochhar, 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 11 were called and postponed until the next sitting.
Commons Public Bills
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 Wallace, that further debate on the
motion be adjourned until the next sitting.
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, Cools, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, McCoy, Meighen, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—51
NAYS
The Honourable Senators
Baker, Banks, Callbeck, Campbell, Carstairs, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fox, Fraser, Furey, Harb, Hubley, Jaffer, Joyal, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Merchant, Mitchell, Moore, Munson, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Rompkey, Tardif, Watt, Zimmer—42
ABSTENTIONS
The Honourable Senators
Nil
With leave of the Senate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Wallace:
That the Standing Committee on Internal Economy, Budgets and Administration have power to sit at 3 p.m. on Wednesday, December 15, 2010, even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.
The question being put on the motion, it was adopted.
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Orders No. 2 to 6 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
° ° °
Consideration of the fifth report of the Standing Senate Committee on National Security and Defence (Motion No. 41 — official structural name of the Canadian Navy), presented in the Senate on December 13, 2010.
The Honourable Senator Wallin moved, seconded by the Honourable Senator Eaton, that the report be adopted.
The question being put on the motion, it was adopted.
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Orders No. 3 to 8 were called and postponed until the next sitting.
Other
Orders No. 84 (motion), 27, 3, 13 and 24 (inquiries) were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Mercer:
That the Senate of Canada recognize the 10th of December of each year as Human Rights Day as has been established by the United Nations General Assembly on the 4th of December, 1950.
After debate,
The Honourable Senator Andreychuk 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.
° ° °
Order No. 7 (inquiry) was called and postponed until the next sitting.
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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.
The question being put on the motion, it was adopted.
° ° °
Orders No. 23 (inquiry), 57 (motion) and 12 (inquiry) were called and postponed until the next sitting.
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Resuming debate on the motion, as amended, of the Honourable Senator Runciman, seconded by the Honourable Senator Stewart Olsen:
That in the opinion of the Senate, the government should consider the establishment of a tuition fund for the families of federal public safety officers who lose their lives in the line of duty and that such a fund should operate along the lines of the Constable Joe MacDonald Public Safety Officers' Survivors Scholarship Fund, in place in the province of Ontario since 1997.
The question being put on the motion, as amended, it was adopted.
° ° °
Orders No. 21, 17 (inquiries), 50 (motion), 11, 25, 26, 5, 14 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 Di Nino, 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 Cowan moved, seconded by the Honourable Senator Hubley:
That the Senate, recognizing that the National Long Form Census is an irreplaceable tool for governments and organizations that develop policies to improve the well-being of all Canadians, urge the Government of Canada to reverse its decision to replace the long form census with a more costly and less useful national household survey.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Hubley, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Fox, P.C.:
That, the Standing Senate Committee on Fisheries and Oceans, which was authorized on Thursday, March 25, 2010 to examine and report on issues relating to the federal government's current and evolving policy framework for managing Canada's fisheries and oceans, be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate an interim report, on Canadian lighthouses, by December 23, 2010, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Senate.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Watt:
That, pursuant to rule 95(3)(a), the Standing Senate Committee on Social Affairs, Science and Technology be authorized to sit on Thursday, December 16, 2010, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
In amendment, the Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum, that the
motion be amended by replacing all the words "Thursday, December 16, 2010'' with the following:
"Wednesday, December 15, 2010 at 5 p.m. and on Thursday, December 16, 2010 at 9 a.m.''
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 Eggleton, P.C., seconded by the Honourable Senator Watt:
That, pursuant to rule 95(3)(a), the Standing Senate Committee on Social Affairs, Science and Technology be authorized to sit on Wednesday, December 15, 2010 at 5 p.m. and on Thursday, December 16, 2010 at 9 a.m., even though the Senate may then be adjourned for a period exceeding one week.
The motion, as amended, was adopted.
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 6:49 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 Human Rights
The Honourable Senator Hubley replaced the Honourable Senator Fairbairn, P.C. (December 14, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Andreychuk replaced the Honourable Senator Raine (December 14, 2010).
The Honourable Senator Ataullahjan replaced the Honourable Senator Eaton (December 14, 2010).