60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 96

Tuesday, March 22, 2011
2:00 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, Carstairs, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, Meighen, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), 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, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, *Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, *Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, *Oliver, Patterson, Pépin, Peterson, Plett, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), 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

Tabling of Documents

The Honourable the Speaker tabled the following:

Special Report to Parliament of the Information Commissioner entitled: Special Report Number 1: Interference with Access to Information, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 39.—Sessional Paper No. 3/40- 956.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Wallin, Chair of the Standing Senate Committee on National Security and Defence, tabled its seventh report (interim) entitled: Sovereignty & Security In Canada's Arctic.—Sessional Paper No. 3/40-957S.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Runciman, 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 Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its nineteenth report (Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts, without amendment).

The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Ataullahjan, 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.

Reading of Petitions for Private Bills

The first report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 3/40-958S) and reads as follows:

Tuesday, March 22, 2011

Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present her

FIRST REPORT

Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-

Of The Board of Trustees of Queen's University at Kingston, in the province of Ontario; praying for the passage of an Act to amend the constitution of the corporation of the University in order to effect certain changes in the composition and powers of the Board of Trustees and of the University Council and the mode of election of their respective members, and to effect other technical or incidental changes as may be appropriate.

Respectfully submitted,

HEATHER P. LANK

Examiner of Petitions for Private Bills

The following petition was read and received:

Of The Board of Trustees of Queen's University at Kingston, in the province of Ontario; praying for the passage of an Act to amend the constitution of the corporation of the University in order to effect certain changes in the composition and powers of the Board of Trustees and of the University Council and the mode of election of their respective members, and to effect other technical or incidental changes as may be appropriate.

Introduction and First Reading of Private Bills

The Honourable Senator Murray, P.C., presented a Bill S-1001, An Act respecting Queen's University at Kingston.

The bill was read the first time.

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Rivest, 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

Ordered, That Order No. 1 under GOVERNMENT BUSINESS, Bills, set down on the Orders of the Day for the next sitting, be brought forward.

Second reading of Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act.

The Honourable Senator Plett moved, seconded by the Honourable Senator Patterson, 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 Plett moved, seconded by the Honourable Senator Meighen, that the bill be referred to the Standing Senate Committee on National Security and Defence.

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

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With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.

The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its eleventh report (interim) (Main Estimates, 2011-2012).

(The report is printed as an appendix at pages 1362-1395 (available in print format PDF).)

The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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

Third reading of Bill C-61, An Act to provide for the taking of restrictive measures in respect of the property of officials and former officials of foreign states and of their family members.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Raine, 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, without amendment.

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

Motions

With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:

That, notwithstanding the order adopted by the Senate on April 15, 2010, when the Senate sits on Wednesday, March 23, 2011, it continue its proceedings beyond 4 p.m. and follow the normal adjournment procedure according to rule 6(1); and

That committees of the Senate scheduled to meet on Wednesday, March 23, 2011 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.

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Ordered, That the Standing Senate Committee on National Security and Defence have power to sit at 4 p.m. on Wednesday, March 23, 2011, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.

Reports of Committees

Consideration of the tenth report of the Standing Senate Committee on National Finance, (Supplementary Estimates (C) 2010-2011), presented in the Senate on March 10, 2011.

The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be adopted.

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 6 were called and postponed until the next sitting.

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Order No. 7 (Bill S-222) was called and pursuant to rule 27(3) was dropped from the Order Paper.

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Order No. 8 was called and postponed until the next sitting.

Commons Public Bills

Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the second reading of Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act.

After debate,
The Honourable Senator Greene 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 division.

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

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Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Boisvenu, for the second reading of Bill C-442, An Act to establish a National Holocaust Monument.

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

The bill was then read the second time.

The Honourable Senator Martin moved, seconded by the Honourable Senator Neufeld, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

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

The bill was then read the second time, on division.

The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

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Orders No. 5 to 8 were called and postponed until the next sitting.

Reports of Committees

Resuming debate on the motion of the Honourable Senator Champagne, P.C., seconded by the Honourable Senator Greene, that the fourth report of the Standing Senate Committee on Official Languages entitled The Vitality of Quebec's English-speaking Communities: From Myth to Reality, tabled in the Senate on March 9, 2011, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage and Official Languages being identified as the minister responsible for responding to the report.

Debate.

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Pursuant to rule 13(1), the Speaker left the Chair to resume the same at 8 p.m.

The sitting resumed.

Reports of Committees

The Senate resumed debate on the motion of the Honourable Senator Champagne, P.C., seconded by the Honourable Senator Greene, that the fourth report of the Standing Senate Committee on Official Languages entitled The Vitality of Quebec's English-speaking Communities: From Myth to Reality, tabled in the Senate on March 9, 2011, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage and Official Languages being identified as the minister responsible for responding to the report.

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

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Orders No. 2 to 7 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Gerstein, seconded by the Honourable Senator Eaton, for the adoption of the eighth report of the Standing Senate Committee on National Finance, entitled: The Costs and Benefits of Canada's One-Cent Coin to Canadian Tax Payers and the Overall Economy, tabled in the Senate on December 14, 2010.

After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson, 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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Consideration of the seventh report of the Standing Senate Committee on Banking, Trade and Commerce, entitled: Ten-Year Statutory Review of the Business Development Bank of Canada, tabled in the Senate on December 15, 2010.

Debate concluded.

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Order No. 10 was called and postponed until the next sitting.

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Consideration of the eighth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled: Seizing Opportunities for Canadians: India's Growth and Canada's Future Prosperity, tabled in the Senate on December 14, 2010.

After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Wallin, 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.

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Consideration of the fourth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Restructuring of Senate Standing Committees), presented in the Senate on March 9, 2011.

After debate,
The Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Merchant, that the report be adopted.

After debate,
The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Ringuette, 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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Order No. 13 was called and postponed until the next sitting.

Other

Resuming debate on the inquiry of the Honourable Senator Cowan, calling the attention of the Senate to the litany of broken promises by the Harper administration, beginning with the broken promise on income trusts, which devastated the retirement savings of so many Canadian seniors.

After debate,
The Honourable Senator Comeau 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.

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Order No. 3 (inquiry) was called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Segal, calling the attention of the Senate to the seriousness of the problem posed by contraband tobacco in Canada, its connection with organized crime, international crime and terrorist financing, including the grave ramifications of the illegal sale of these products to young people, the detrimental effects on legitimate small business, the threat on the livelihoods of hardworking convenience store owners across Canada, and the ability of law enforcement agencies to combat those who are responsible for this illegal trade throughout Canada, and the advisability of a full-blown Senate committee inquiry into these matters.

Debate concluded.

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Orders No. 72 (motion) and 14 (inquiry) were called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Eaton, calling the attention of the Senate to the benefits of Canada's oil sands.

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.

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Order No. 17 (inquiry) was called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Greene:

That the Senate condemns last Friday's barbaric attacks on worshippers at two Ahmadiyya Mosques in Lahore, Pakistan;

That it expresses its condolences to the families of those injured and killed; and

That it urges the Pakistani authorities to ensure equal rights for members of minority communities, while ensuring that the perpetrators of these horrendous attacks are brought to justice.

After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Raine, 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. 11, 25, 26, 21, 5, 8, 28 (inquiries), 85, 84 (motions), 29 (inquiry), 83 (motion) and 10 (inquiry) were called and postponed until the next sitting.

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Order No. 27 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.

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Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to the importance of Sustainable Development Technology Canada.

After debate,
The Honourable Senator Tardif, for the Honourable Senator Day, 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.

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Orders No. 34 (inquiry) and 88 (motion) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Losier-Cool called the attention of the Senate to the need for the Canadian federal government to adopt a gender-based approach to its budgetary and fiscal processes.

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

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

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The Honourable Senator Moore called the attention of the Senate to the Canada Border Services Agency, its operation and oversight.

After debate,
The Honourable Senator Plett moved, seconded by the Honourable Senator Seidman, that further debate on the inquiry 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):

Interim Order No. 5 Respecting Passenger Identification and Behaviour Observation (JUS-81100-3-2-1), dated March 14, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 3/40- 954.

Interim Order No. 11 Respecting Mail, Cargo and Baggage (JUS-81100-3-1-1), dated March 16, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 3/40-955.

DECLARATIONS OF PRIVATE INTERESTS

Pursuant to subsection 12.(1) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:

—By oral declaration, the Honourable Senator Dallaire (Bill C-55).

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 10:07 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

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

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Patterson replaced the Honourable Senator Poirier (March 22, 2011).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Johnson replaced the Honourable Senator Frum (March 22, 2011).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Meredith replaced the Honourable Senator Poirier (March 22, 2011).

The Honourable Senator Marshall replaced the Honourable Senator Manning (March 22, 2011).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Peterson (March 21, 2011).

The Honourable Senator Mahovlich replaced the Honourable Senator Moore (March 21, 2011).

The Honourable Senator Wallin replaced the Honourable Senator Ataullahjan (March 21, 2011).

The Honourable Senator Peterson replaced the Honourable Senator Dawson (March 21, 2011).

The Honourable Senator Ataullahjan replaced the Honourable Senator Wallin (March 21, 2011).

Standing Senate Committee on Human Rights

The Honourable Senator Baker, P.C., replaced the Honourable Senator Dallaire (March 21, 2011).

The Honourable Senator Dallaire replaced the Honourable Senator Baker, P.C. (March 21, 2011).

Standing Senate Committee on National Finance

The Honourable Senator Meredith replaced the Honourable Senator Dickson (March 22, 2011).

Standing Senate Committee on National Security and Defence

The Honourable Senator Lang replaced the Honourable Senator Plett (March 22, 2011).

The Honourable Senator Day replaced the Honourable Senator Peterson (March 21, 2011).

Standing Senate Committee on Official Languages

The Honourable Senator De Bané, P.C., replaced the Honourable Senator Poulin (March 22, 2011).

The Honourable Senator Tardif replaced the Honourable Senator Robichaud, P.C. (March 21, 2011).

The Honourable Senator Poulin replaced the Honourable Senator De Bané, P.C. (March 21, 2011).