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Journals of the Senate

60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate

3rd Session, 40th Parliament


Issue 85

Thursday, February 10, 2011
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, 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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Di Nino presented a Bill S-228, An Act respecting Giovanni Caboto Day.

The bill was read the first time.

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Poirier, 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.

First Reading of Commons Public Bills

A message was brought from the House of Commons with a Bill C-389, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), 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 Poirier, 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

Resuming debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator Demers:

That the Senate concur in the amendments made by the House of Commons to Bill S-6, An Act to amend the Criminal Code and another Act (Serious Time for the Most Serious Crime Act); and

That a Message be sent to the House of Commons to acquaint that House accordingly.

After debate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Kenny, 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 and 3 were called and postponed until the next sitting.

°    °    °

Second reading of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act.

The Honourable Senator Lang moved, seconded by the Honourable Senator Meredith, that the bill be read the second time.

After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.

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

°    °    °

Orders No. 5 and 6 were 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 Mitchell, seconded by the Honourable Senator Banks, for the second reading of Bill S-221, An Act to amend the Income Tax Act (carbon offset tax credit).

After debate,
The Honourable Senator Tkachuk, for the Honourable Senator Comeau, moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.

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

°    °    °

Order No. 12 was 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).

The Senate resumed debate on the Point of Order as to the acceptability of the bill.

After debate,
The Speaker reserved his decision.

With leave of the Senate,
The Honourable Senator Cools tabled the following:

Documents pertaining to the Point of Order (English texts).—Sessional Paper No. 3/40-910S.

°    °    °

Order No. 2 was called and postponed until the next sitting.

°    °    °

Second reading of Bill C-442, An Act to establish a National Holocaust Monument.

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

After debate,
The Honourable Senator Tardif, for the Honourable Senator Harb, moved, seconded by the Honourable Senator Fraser, 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

Orders No. 1 to 12 were called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Smith, P.C., (Cobourg) seconded by the Honourable Senator Fraser, for the adoption of the second report of the Standing Committee on Rules, Procedures and the Rights of Parliament (study on questions of privilege), presented in the Senate on April 27, 2010;

And on the motion in amendment of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fraser, that the report be not now adopted, but that it be referred back to the Standing Committee on Rules, Procedures and the Rights of Parliament for further study and debate.

After debate,
The Honourable Senator Comeau, for the Honourable Senator Cools, moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion in amendment be adjourned until the next sitting.

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

Other

Orders No. 88 (motion), 21, 5, 14, 8, 28 (inquiries), 85, 84 (motions), 29 (inquiry), 83 (motion), 10 (inquiry), 72 (motion), 27, 3, 13, 24, 7, 23 (inquiries), 57 (motion), 12, 17 (inquiries) and 50 (motion) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to the online presence and website of the Senate.

After debate,
The Honourable Senator Chaput moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.

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

°    °    °

Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to the state of women's equality in Canada.

After debate,
The Honourable Senator Comeau, for the Honourable Senator Wallin, moved, seconded by the Honourable Senator Tkachuk, that further debate on the inquiry be adjourned until the next sitting.

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

°    °    °

Resuming debate on the inquiry of the Honourable Senator Wallin, calling the attention of the Senate to the efforts and accomplishments of Canadian military members, diplomats and aid workers in Afghanistan over the past ten years, which has included significant milestones in security, basic services, economic development, diplomacy and humanitarian assistance;

The Government of Canada's plans for continued assistance to that country to build on this progress through a new non-combat role for Canada's engagement in Afghanistan until 2014 by training Afghan security forces so that Afghanistan can progressively take control of its own security and future; and

The fact that the Canadian Government will persist with its successful education and health initiatives for children, promotion of regional diplomacy and delivering humanitarian assistance to the Afghan people.

After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Andreychuk, that further debate on the inquiry be adjourned until the next sitting.

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

INQUIRIES

The Honourable Senator De Bané, P.C., called the attention of the Senate to the First Conference of Arab Expatriates, conference organized by the League of Arab States, that was held in Cairo, Egypt, from December 4 to 6, 2010.

Debate concluded.

With leave of the Senate,
The Honourable Senator De Bané, P.C., tabled the following:

Declaration of the First Conference of Arab Expatriates: ``A Bridge for Communication'', General Secretariat, Cairo, December 4 to 6, 2010.—Sessional Paper No. 3/40-911S.


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 Tkachuk:

That when the Senate adjourns today, it do stand adjourned until Tuesday, February 15, 2011, at 2 p.m.

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

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 4:53 p.m. the Senate was continued until Tuesday, February 15, 2011, at 2 p.m.)


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

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Patterson replaced the Honourable Senator Ataullahjan (February 9, 2011).

The Honourable Senator Dyck replaced the Honourable Senator Campbell (February 9, 2011).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Frum replaced the Honourable Senator Gerstein (February 10, 2011).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Dawson replaced the Honourable Senator Jaffer (February 9, 2011).

Standing Senate Committee on National Finance

The Honourable Senator Neufeld replaced the Honourable Senator Meighen (February 9, 2011).

The Honourable Senator Dickson replaced the Honourable Senator Oliver (February 9, 2011).

Standing Senate Committee on National Security and Defence

The Honourable Senator Manning replaced the Honourable Senator Segal (February 9, 2011).

The Honourable Senator Lang replaced the Honourable Senator Marshall (February 9, 2011).

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