Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 8
Thursday, June 16, 2011
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Poirier, Poy, Raine, Rivard, Rivest, Robichaud, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Verner, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Poirier, Poy, Raine, Rivard, Rivest, Robichaud, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Verner, 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:
Report of the Conflict of Interest and Ethics Commissioner on the performance of her duties and functions under the Conflict of Interest Act in relation to public office holders, for the fiscal year ended March 31, 2011, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, par. 90(1)(b).—Sessional Paper No. 1/41-77.
Report of the Office of the Information Commissioner of Canada for the fiscal year ended March 31, 2011, entitled: Paving the Access Ramp to Transparency, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 38.—Sessional Paper No. 1/41-78.
Special Report to Parliament by the Canadian Human Rights Commission entitled: Now a Matter of Rights: Extending Full Human Rights Protection to First Nations People, pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(2). —Sessional Paper No. 1/41-79.
The Honourable Senator Carignan tabled the following:
Document entitled: Canada's Engagement in Afghanistan — Quarterly Report to Parliament for the Period of October 1 to December 31, 2010.—Sessional Paper No.1/41-80.
Document entitled: Canada's Engagement in Afghanistan—Quarterly Report to Parliament for the Period of January 1 to March 31, 2011.—Sessional Paper No. 1/41-81.
Report on Transportation in Canada for the year 2010, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No.1/41-82.
2010 Annual Report by Export Development Canada entitled: Doing Business Where Business Gets Done.—Sessional Paper No. 1/41-83.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Andreychuk tabled the following (Sessional Paper No. 1/41-84S):
Thursday, June 16, 2011
The Standing Senate Committee on Foreign Affairs and International Trade has the honour to table its
FIRST REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104(2), that the expenses of your committee during the Third Session of the Fortieth Parliament were as follows:
1. With respect to its special study on the rise of China, India and Russia in the global economy and the implications for Canadian policy:
Professional and Other Services $ 4,815
Transportation and Communications 104,359
All other expenditures 2,097
Witness Expenses 3,262
TOTAL $ 114,533
2. With respect to its special study on the political and economic developments in Brazil and the implications for Canadian policy and interests in the region, and other related matters:
Professional and Other Services $ —
All other expenditures —
Witness Expenses 2,989
TOTAL $ 2,989
3. With respect to issues that may arise form time to time relating to foreign relations generally:
Professional and Other Services $ —
All other expenditures —
Witness Expenses 452
TOTAL $ 452
In addition to the expenses for the examination of legislation and for its special studies as set out above, your committee incurred general postal charges in the amount of $28.
During the session under consideration, in addition to the orders of reference mentioned above, the committee was referred two bills for which no expense was incurred.
Your committee held 36 meetings and heard more than 50.1 hours of testimony from 67 witnesses. In total, 9 reports were produced.
Respectfully submitted,
RAYNELL ANDREYCHUK
Chair
The Honourable Senator Meighen tabled the following (Sessional Paper No. 1/41-85S):
Thursday, June 16, 2011
The Standing Senate Committee on Banking, Trade and Commerce has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such matters as were referred to it, reports, pursuant to Rule 104(2), that the expenses incurred for that purpose during the Third Session of the Fortieth Parliament are as follows:
1. With respect to its examination and consideration of legislation:
Professional and other services $ —
Transportation and Communications —
All other expenditures 5,800
Witness expenses 10,138
TOTAL $ 15,938
2. With respect to its special study on Tax-Free Accounts and RRSP authorized by the Senate on Wednesday March 24, 2010:
Professional and other services $ —
Transportation and Communications —
All other expenditures —
Witness expenses 2,695
TOTAL $ 2,695
In addition to the expenses for its studies as set out above, your committee also incurred general postal charges of $37.
During the session, your Committee held 44 meetings (72.1 hours), heard 117 witnesses and submitted 9 reports in relation to its work. Your Committee examined 5 bills (S-3, S-216, S-206, S-201 and C-14) and received a total of 11 orders of reference.
Respectfully submitted,
MICHAEL A. MEIGHEN
Chair
The Honourable Senator Ogilvie tabled the following (Sessional Paper No. 1/41-86S):
Thursday, June 16, 2011
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to table its
FIRST REPORT
Your committee, which was authorised by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104(2), that the expenses incurred by your committee during the Third Session of the Fortieth Parliament are as follows:
1. With respect to its examination and consideration of legislation:
Professional and Other Services $ —
Transport and Communications —
Other Expenditures —
Witness Expenses 10,539
TOTAL $ 10,539
2. With respect to a special study on current social issues pertaining to Canada's largest cities:
Professional and Other Services $ —
Transport and Communications —
Other Expenditures 8,991
Witness Expenses 15,161
TOTAL $ 24,152
3. With respect to a special study on access to post-secondary education in Canada:
Professional and Other Services $ 960
Transport and Communications —
Other Expenditures —
Witness Expenses 17,519
TOTAL $ 18,479
4. With respect to a special study on Canada's pandemic preparedness:
Professional and Other Services $ 390
Transport and Communications 400
Other Expenditures —
Witness Expenses 17,835
TOTAL $ 18,625
In addition to the expenses for the examination of legislation and for the special studies as set out above, your committee also incurred general postal charges in the amount of $275 and paid one witness expense pertaining to a study conducted during the Second Session of the Fortieth Parliament in the amount of $1,838.
Your committee received 21 orders of reference (including 16 bills), held 58 meetings, heard more than 110 hours of testimony from 258 witnesses and submitted 17 reports in relation to its work.
Respectfully submitted,
KELVIN K. OGILVIE
Chair
The Honourable Senator Wallace tabled the following (Sessional Paper No. 1/41-87S):
Thursday, June 16, 2011
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to table its
FIRST REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104(2), that the expenses incurred by the committee during the Third Session of the Fortieth Parliament are as follows:
1. With respect to its examination of legislation:
Professional and Other Services $ —
Transportation and Communications —
All Other Expenditures 528
Witness Expenditures 36,674
TOTAL $ 37,202
2. With respect to its Special Study on the DNA Identification Act:
Professional and Other Services $ —
Transportation and Communications 777
All Other Expenditures —
Witness Expenditures 4,570
TOTAL $ 5,347
3. With respect to its Special Study on the production of records in sexual offence proceedings:
Professional and Other Services $ —
Transportation and Communications —
All Other Expenditures —
Witness Expenditures 939
TOTAL $ 939
In addition to the expenses for the examination of legislation and for the special studies as set out above, your committee also incurred general postal charges in the amount of $204.
During the Third Session of the Fortieth Parliament, your committee received 20 orders of reference, held 57 meetings, heard more than 130 hours of testimony from 267 witnesses and submitted 20 reports in relation to its work.
Your committee examined 14 bills, eleven of which were reported without amendment:
Bill S-215, An Act to amend the Criminal Code (suicide bombings);
Bill S-2, An Act to amend the Criminal Code and other Acts (Protecting Victims From Sex Offenders Act);
Bill S-9, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime);
Bill S-6, An Act to amend the Criminal Code and another Act;
Bill C-23A, An Act to amend the Criminal Records Act;
Bill C-464, An Act to amend the Criminal Code (justification for detention in custody);
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;
Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act;
Bill C-21, An Act to amend the Criminal Code (sentencing for fraud);
Bill C-30, An Act to amend the Criminal Code;
Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review); and
Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy);
and one which was reported without amendment but with observations:
Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service.
In addition, your committee reported the following bill with amendment:
Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts.
In addition, your committee produced 3 reports on special studies.
Your committee presented the final report on its study on the provisions and operation of the DNA Identification Act (S.C. 1998, c. 37), entitled: Public Protection, Privacy and the Search for Balance: A Statutory Review of the DNA Identification Act.
Your committee also presented the final report on its study on the use of electronic assistive voting devices for persons with disabilities, entitled: Report on the use of Assistive Voting Device for Persons with Disabilities.
Your committee also recommended the approval of the Parole Board of Canada's User Fees Proposal, pursuant to the User Fees Act, S.C. 2004, c. 6, sbs. 4(2).
Respectfully submitted,
JOHN D.WALLACE
Chair
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Hervieux-Payette, P.C., tabled the following:
Report of the Canadian Section of the Inter-parliamentary Forum of the Americas (FIPA) respecting its participation at the 24th Meeting of the FIPA Executive Committee, held in Curitiba, Brazil, on February 19 and 20, 2011.—Sessional Paper No. 1/41-88.
Report of the Canadian Section of the Inter-parliamentary Forum of the Americas (FIPA) respecting its participation at the 23rd Meeting of the FIPA Executive Committee, and at the 7th Plenary Meeting, held in Mexico City, Mexico, from November 16 to 19, 2010.—Sessional Paper No. 1/41-89.
The Honourable Senator Cordy tabled the following:
Report of the Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security Committee, Economics and Security Committee and the Political Committee, held in Brussels, Belgium from February 20 to 22, 2011, and its participation at the Annual Economics and Security Committee Consultation with the Organization on Security and Cooperation in Europe, held in Paris, France on February 23 and 24, 2011. —Sessional Paper No. 1/41-90.
The Honourable Senator Day tabled the following:
Report of the Canadian NATO Parliamentary Association respecting the visit of the Defence and Security Committee in Washington, D.C., and San Diego, United States of America, from January 31 to February 4, 2011.—Sessional Paper No. 1/41-91.
ORDERS OF THE DAY
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Wallace:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 21, 2011, at 2 p.m.
The question being put on the motion, it was adopted.
GOVERNMENT BUSINESS
Inquiries
Resuming debate on the inquiry of the Honourable Senator Carignan, calling the attention of the Senate to the budget entitled, A Low-Tax Plan for Jobs and Growth, tabled in the House of Commons on June 6, 2011, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on June 7, 2011.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Wallace, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Private Bills
Order No. 1 was called and postponed until the next sitting.
Other
Order No. 2 (inquiry) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Champagne, P.C.:
That the Standing Senate Committee on Aboriginal Peoples be authorized to examine and report on the federal government's constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Metis peoples and on other matters generally relating to the Aboriginal Peoples of Canada;
That the papers and evidence received and taken and work accomplished by the Committee on the subject during the Third Session of the Fortieth Parliament be referred to the Committee; and
That the Committee submit its final report no later than December 31, 2012, and that the Committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
The Honourable Senator Mitchell, for the Honourable Senator Angus, moved, seconded by the Honourable Senator Day:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on emerging issues related to its mandate:
(a) The current state and future direction of production, distribution, consumption, trade, security and sustainability of Canada's energy resources;
(b) Environmental challenges facing Canada including responses to global climate change, air pollution, biodiversity and ecological integrity;
(c) Sustainable development and management of renewable and non-renewable natural resources including but not limited to water, minerals, soils, flora and fauna; and
(d) Canada's international treaty obligations affecting energy, the environment and natural resources and their influence on Canada's economic and social development.
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Thirty-ninth Parliament be referred to the committee; and
That the committee submit its final report no later than June 29, 2012 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
The Honourable Senator Mitchell, for the Honourable Senator Angus, moved, seconded by the Honourable Senator Moore:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on the current state and future of Canada's energy sector (including alternative energy). In particular, the committee shall be authorized to:
(a) Examine the current state of the energy sector across Canada, including production, manufacturing, transportation, distribution, sales, consumption and conservation patterns;
(b) Examine the federal and provincial/territorial roles in the energy sector and system in Canada;
(c) Examine current domestic and international trends and anticipated usage patterns and market conditions, including trade and environmental measures and opportunities, likely to influence the sector's and energy system's future sustainability;
(d) Develop a national vision for the long-term positioning, competitiveness and security of Canada's energy sector; and
(e) Recommend specific measures by which the federal government could help bring that vision to fruition.
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Fortieth Parliament be referred to the committee; and
That the committee submit its final report no later than June 29, 2012 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau, for the Honourable Senator Mockler, moved, seconded by the Honourable Senator Cochrane:
That the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on research and innovation efforts in the agricultural sector. In particular, the Committee shall be authorized to examine research and development efforts in the context of:
(a) developing new markets domestically and internationally;
(b) enhancing agricultural sustainability;
(c) improving food diversity and security; and
That the Committee submit its final report to the Senate no later than December 31, 2012 and that the Committee retain until March 31, 2013 all powers necessary to publicize its findings.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Wallace moved, seconded by the Honourable Senator Poirier:
That, until June 23, 2011, for the purposes of its consideration of Bill C-2, An Act to amend the Criminal Code (mega-trials) or the subject-matter of Bill C-2, the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Comeau:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:01 p.m. the Senate was continued until Tuesday, June 21, 2011, at 2:00 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator St. Germain, P.C., replaced the Honourable Senator Tkachuk (June 16, 2011).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Nolin replaced the Honourable Senator Stratton (June 15, 2011).
The Honourable Senator Finley replaced the Honourable Senator Ataullahjan (June 15, 2011).
The Honourable Senator Wallin replaced the Honourable Senator Stewart Olsen (June 15, 2011).
The Honourable Senator Johnson replaced the Honourable Senator Eaton (June 15, 2011).
The Honourable Senator Eaton replaced the Honourable Senator Johnson (June 15, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Mitchell replaced the Honourable Senator Moore (June 16, 2011).
The Honourable Senator Rivard replaced the Honourable Senator Marshall (June 16, 2011).
The Honourable Senator Nolin replaced the Honourable Senator Stratton (June 16, 2011).
The Honourable Senator Seidman replaced the Honourable Senator Frum (June 16, 2011).
The Honourable Senator Stratton replaced the Honourable Senator Mockler (June 15, 2011).
The Honourable Senator Frum replaced the Honourable Senator Eaton (June 15, 2011).
The Honourable Senator Moore replaced the Honourable Senator Ringuette (June 15, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Verner, P.C., replaced the Honourable Senator Raine (June 15, 2011).
The Honourable Senator Raine replaced the Honourable Senator Verner, P.C. (June 15, 2011).