Journals of the Senate
57 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 7
Thursday, February 5, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
The Members convened were:
The Honourable Senators
Adams, Angus, Banks, Biron, Brazeau, Brown, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Corbin, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Goldstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, Lavigne, LeBreton, Losier-Cool, MacDonald, Manning, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Nancy Ruth, Oliver, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, *Andreychuk, Angus, Banks, Biron, Brazeau, Brown, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Corbin, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Goldstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, *Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, Lavigne, LeBreton, Losier-Cool, MacDonald, Manning, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Nancy Ruth, Oliver, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stollery, 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
Tributes
Tribute was paid to the Honourable Marilyn Trenholme Counsell, who retired from the Senate on October 22, 2008.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Copy of the Commission constituting the Honourable Thomas A. Cromwell, Puisne Judge of the Supreme Court of Canada, Deputy of the Governor General, to do in Her Excellency's name all acts on her part necessary to be done during Her Excellency's pleasure, dated January 23, 2009. —Sessional Paper No. 2/40-104S.
The said Commission is as follows:
CANADA
MICHAËLLE JEAN
(L.S.)
By Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
TO THE HONOURABLE THOMAS A. CROMWELL, a Puisne Judge of the Supreme Court of Canada,
GREETING:
KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Michaëlle Jean, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth II, under the Great Seal of Canada, dated the tenth day of September in the year of Our Lord two thousand and five, constituting and appointing me to be Governor General of Canada do hereby nominate, constitute and appoint you, Thomas A. Cromwell, to be my Deputy within Canada and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the power of dissolving the Parliament of Canada.
PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Michaëlle Jean, in person.
AND PROVIDED ALWAYS, that you, Thomas A. Cromwell, shall, during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me.
GIVEN under my hand and seal at Ottawa, this twenty-third day of January in the year of Our Lord two thousand and nine and in the fifty-seventh year of Her Majesty's Reign.
BY COMMAND,
RICHARD DICERNI
DEPUTY REGISTRAR GENERAL OF CANADA
° ° °
Report of the Federal Ombudsman for Victims of Crime for the fiscal year ended March 31, 2008, pursuant to the Terms and Conditions of Employment of the Federal Ombudsman for Victims of Crime SOR/2007-54, sbs. 7(2).—Sessional Paper No. 2/40-105.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Moore presented a Bill S-224, An Act to amend the Canada Elections Act and the Parliament of Canada Act (vacancies).
The bill was read the first time.
The Honourable Senator Moore moved, seconded by the Honourable Senator Day, 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 Goldstein tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the 8th Conference of Parliamentarians of the Arctic Region, held in Fairbanks, United States, from August 12 to 14, 2008.—Sessional Paper No. 2/40-106.
° ° °
The Honourable Senator Milne tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at Meeting of the Standing Committee of Parliamentarians of the Arctic Region, held in Östersund, Sweden, on November 6, 2008. —Sessional Paper No. 2/40-107.
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 2008 Annual Meeting of the National Governors' Association, held in Philadelphia, United States, from July 11 to 14, 2008.—Sessional Paper No. 2/40-108.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 18th Annual Summit of the Pacific Northwest Economic Region, held in Vancouver, British Columbia, from July 20 to 24, 2008.—Sessional Paper No. 2/40-109.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Fall Meeting of the Canadian/American Border Trade Alliance, held in Washington, D.C., United States, from September 14 to 16, 2008.—Sessional Paper No. 2/40-110.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-219, An Act to amend the Bankruptcy and Insolvency Act (student loans).
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Zimmer, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-220, An Act respecting commercial electronic messages.
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Fraser, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, 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 20 were called and postponed until the next sitting.
Other
Orders No. 2, 1 (inquiries), 10, 2, 4 and 3 (motions) were called and postponed until the next sitting.
INQUIRIES
With leave of the Senate,
The Honourable Senator Tardif called the attention of the Senate for the purposes of paying tribute to the Honourable Marilyn Trenholme Counsell in recognition of her outstanding career as a member of the Senate of Canada and for her many contributions and service to Canadians.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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 Dickson:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 10, 2009, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Pacific Pilotage Authority for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-101.
Reports of the Great Lakes Pilotage Authority for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/40-102.
Report of the National Arts Centre, together with the Auditor General's Report, for the fiscal year ended August 31, 2008, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2).—Sessional Paper No. 2/40-103.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:07 p.m. the Senate was continued until Tuesday, February 10, 2009, at 2 p.m.)