Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 8
Tuesday, February 10, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Banks, Brazeau, Bryden, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Goldstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Banks, Brazeau, Bryden, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Goldstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, *Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, 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
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
The December 2008 Report of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, s. 7(3).—Sessional Paper No. 2/40-115.
The December 2008 Report of the Commissioner of the Environment and Sustainable Development to the House of Commons, together with an Addendum containing copies of environmental petitions received between January 5 and June 30, 2008, pursuant to the Auditor General Act, S.C. 1985, c. A-17, sbs. 23(5).—Sessional Paper No. 2/40-116.
° ° °
The Honourable Senator Comeau tabled the following:
Report to the Minister of Natural Resources concerning the heavy water event at the National Universal Research reactor — December 2008.—Sessional Paper No. 2/40-117.
Report on Official Languages for the fiscal year ended March 31, 2007, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 44.—Sessional Paper No. 2/40-118.
Report on the 2008 Legislative Review of Export Development Canada, pursuant to the Export Development Act, R.S.C. 1985, c. E-20, sbs. 25(2).—Sessional Paper No. 2/40-119.
Departmental Performance Reports for the period ended March 31, 2008, as follows:
Agriculture and Agri-Food Canada
Assisted Human Reproduction Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Industrial Relations Board
Canada Public Service Agency
Canada Revenue Agency
Canada School of Public Service
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Forces Grievance Board
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Commission for Public Complaints Against the Royal Canadian Mounted Police
Copyright Board Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Department of Justice Canada
Economic Development Agency of Canada for the Regions of Quebec
Environment Canada
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Foreign Affairs and International Trade Canada
Hazardous Materials Information Review Commission Canada
Health Canada
Human Resources and Social Development Canada
Immigration and Refugee Board of Canada
Indian and Northern Affairs Canada and Canadian Polar Commission
Indian Residential Schools Resolution Canada
Indian Specific Claims Commission
Industry Canada
Infrastructure Canada
Library and Archives Canada
Military Police Complaints Commission of Canada
NAFTA Secretariat — Canadian Section
National Defence
National Energy Board
National Film Board
National Parole Board
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs
Office of the Commissioner of Lobbying of Canada
Office of the Commissioner of Official Languages
Office of the Superintendent of Financial Institutions Canada
Offices of the Information and Privacy Commissioners of Canada
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office and Public Appointments Commission Secretariat
Public Health Agency of Canada
Public Prosecution Service of Canada
Public Safety Canada
Public Service Commission of Canada
Public Service Labour Relations Board
Public Service Staffing Tribunal
Public Works and Government Services Canada
RCMP External Review Committee
Registry of the Competition Tribunal
Royal Canadian Mounted Police
Security Intelligence Review Committee
Social Sciences and Humanities Research Council of Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
The Correctional Investigator Canada
The National Battlefields Commission
Transport Canada
Transportation Appeal Tribunal of Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Western Economic Diversification Canada.—Sessional Paper No. 2/40-120.
Report of the President of the Treasury Board of Canada entitled Canada's Performance - The Government of Canada's Contribution for the year 2007-2008.—Sessional Paper No. 2/40-121.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stratton presented the following:
Tuesday, February 10, 2009
The Committee of Selection has the honour to present its
SECOND REPORT
Pursuant to Rule 85(1)(b) of the Rules of the Senate, your committee submits herewith the list of senators nominated by it to serve on the following committees:
Standing Senate Committee on Aboriginal Peoples
The Honourable Senators Brazeau, Brown, Campbell, Carstairs, P.C., Dyck, Hubley, Lang, Lovelace Nicholas, Peterson, Raine, Sibbeston and St. Germain, P.C.
Standing Senate Committee on Agriculture and Forestry
The Honourable Senators Baker, P.C., Callbeck, Duffy, Eaton, Fairbairn, P.C., Housakos, Lovelace Nicholas, Mahovlich, Mercer, Milne, Mockler and Rivard.
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senators Eyton, Fox, P.C., Gerstein, Goldstein, Greene, Harb, Hervieux-Payette, P.C., Massicotte, Meighen, Moore, Oliver and Ringuette.
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senators Adams, Angus, Banks, Kenny, Lang, Merchant, Mitchell, Neufeld, Peterson, Sibbeston, Spivak and St. Germain, P.C.
Standing Senate Committee on Fisheries and Oceans
The Honourable Senators Adams, Campbell, Cochrane, Cook, Hubley, Johnson, MacDonald, Manning, Raine, Robichaud, P.C., Rompkey, P.C. and Watt.
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senators Andreychuk, Corbin, Dawson, De Bané, P.C., Di Nino, Downe, Fortin-Duplessis, Grafstein, Mahovlich, Segal, Stollery and Wallin.
Standing Senate Committee on Human Rights
The Honourable Senators Andreychuk, Brazeau, Dallaire, Goldstein, Jaffer, Nancy Ruth, Martin, Pépin and Poy.
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senators Comeau, Cordy, Dawson, Downe, Furey, Greene, Jaffer, Kinsella, MacDonald, Massicotte, Munson, Rivard, Robichaud, P.C., Stollery and Tkachuk.
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senators Angus, Baker, P.C., Bryden, Campbell, Dickson, Fraser, Joyal, P.C., Milne, Nolin, Rivest, Wallace and Watt.
Standing Joint Committee on the Library of Parliament
The Honourable Senators Baker, P.C., Carstairs, P.C., Greene, Jaffer and Stratton.
Standing Senate Committee on National Finance
The Honourable Senators Callbeck, Chaput, Day, De Bané, P.C., Di Nino, Eggleton, P.C., Gerstein, Mitchell, Nancy Ruth, Neufeld, Prud'homme, P.C. and Ringuette.
Standing Senate Committee on National Security and Defence
The Honourable Senators Banks, Day, Kenny, Manning, Meighen, Moore, Tkachuk, Wallin and Zimmer.
Standing Senate Committee on Official Languages
The Honourable Senators Champagne, P.C., Chaput, Comeau, Fortin-Duplessis, Goldstein, Losier-Cool, Jaffer, Mockler and Poulin.
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senators Andreychuk, Brown, Corbin, Cools, Duffy, Fraser, Furey, Joyal, P.C., Keon, Losier- Cool, McCoy, Nolin, Oliver, Robichaud, P.C., and Smith, P.C.
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senators Bryden, Cook, Dickson, Eyton, Hervieux-Payette, P.C., Moore and Wallace.
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senators Callbeck, Champagne, P.C., Cook, Cordy, Dyck, Eaton, Eggleton, P.C., Fairbairn, P.C., Keon, Martin, Pépin and Segal.
Standing Senate Committee on Transport and Communications
The Honourable Senators Adams, Bacon, Cochrane, Dawson, Eyton, Fox, P.C., Housakos, Johnson, Mercer, Merchant, Wallace and Zimmer.
Pursuant to Rule 87 of the Rules of the Senate, the Honourable Senator LeBreton, P.C. (or Comeau) and the Honourable Senator Cowan (or Tardif) are members ex officio of each select committee.
Respectfully submitted,
TERRY STRATTON
Chair
With leave of the Senate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (B) for the fiscal year ending March 31, 2009.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Segal presented a Bill S-225, An Act to amend the Citizenship Act (oath of citizenship).
The bill was read the first time.
The Honourable Senator Segal moved, seconded by the Honourable Senator Wallin, 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 Parliamentary Mission to the Country that will next hold the Presidency of the Council of the European Union; and at the Fourth Part of the 2008 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Prague, Czech Republic and Strasbourg, France, from September 25 to October 3, 2008.—Sessional Paper No. 2/40- 122.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Comeau calling the attention of the Senate to the budget entitled Canada's Economic Action Plan, tabled in the House of Commons on January 27, 2009 by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on January 28, 2009.
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.
Motions
Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Gerstein:
That the following Address be presented to Her Excellency the Governor General of Canada:
To 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.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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 Comeau moved, seconded by the Honourable Senator Nancy Ruth:
That, for the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 5(1)(a);
(b) when the Senate sits on a Wednesday, it stand adjourned at 4 p.m., unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned; and
(c) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, immediately prior to any adjournment but no later than 4 p.m., to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 13 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-205, An Act to amend the Criminal Code (suicide bombings).
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Bryden, that the bill be read the second time.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Neufeld, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 15 to 19 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-213, An Act to amend the Income Tax Act (carbon offset tax credit).
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Lovelace Nicholas, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Lang, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 21 to 23 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-224, An Act to amend the Canada Elections Act and the Parliament of Canada Act (vacancies).
The Honourable Senator Moore moved, seconded by the Honourable Senator Day, 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.
Reports of Committees
Consideration of the second report of the Committee of Selection (membership of Senate committees) presented in the Senate earlier this day.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Greene, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Ordered, That a message be sent to the House of Commons to acquaint that house of the names of the honourable senators appointed to serve on the standing joint committees.
Other
Resuming debate on the inquiry of the Honourable Senator Tardif calling 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, for the Honourable Senator Jaffer, moved, seconded by the Honourable Senator Cordy, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2, 1 (inquiries), and 10 (motion) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Hubley:
That a Special Committee of the Senate be appointed to examine and report upon the implications of an aging society in Canada;
That, notwithstanding rule 85(1)(b), the committee be comprised of seven members, namely the Honourable Senators Carstairs, P.C., Chaput, Cools, Cordy, Keon, Mercer, and Stratton, and that three members constitute a quorum;
That the committee examine the issue of aging in our society in relation to, but not limited to:
promoting active living and well being;
housing and transportation needs;
financial security and retirement;
abuse and neglect;
health promotion and prevention; and
health care needs, including chronic diseases, medication use, mental health, palliative care, home care and caregiving;
That the committee review public programs and services for seniors, the gaps that exist in meeting the needs of seniors, and the implications for future service delivery as the population ages;
That the committee review strategies on aging implemented in other countries;
That the committee review Canada's role and obligations in light of the 2002 Madrid International Plan of Action on Ageing;
That the committee consider the appropriate role of the federal government in helping Canadians age well;
That the committee have power to send for persons, papers and records; to examine witnesses; to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That, pursuant to rule 95(3)(a), the committee be authorized to meet during periods that the Senate stands adjourned for a period exceeding one week;
That the papers and evidence received and taken and work accomplished by the committee on this subject during the First and Second Session of the Thirty-ninth Parliament be referred to the committee; and
That the committee submit its final report no later than April 30, 2009, and that the committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
The question being put on the motion, it was adopted.
° ° °
Orders No. 4 and 3 (motions) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of Canada Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Canada Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No. 2/40-111.
Report on the Operation of the Canadian Multiculturalism Act for the fiscal year ended March 31, 2008, pursuant to Act, R.S.C. 1985, c. 24 (4th Supp.), s. 8.—Sessional Paper No. 2/40-112.
Report on the receipts and disbursements of the Office of the Auditor General for the fiscal year ended March 31, 2008, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2).—Sessional Paper No. 2/40-113.
Copy of Regulations amending the Canada Small Business Financing Regulations (JUS-609075), pursuant to the Canada Small Business Financing Act, S.C. 1998, c. 36, sbs. 14(3). —Sessional Paper No. 2/40-114.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gerstein:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:37 p.m. the Senate was continued until 1:30 p.m. tomorrow)
Changes in Membership of Committees Pursuant to Rule 85(4)
Committee of Selection
The Honourable Senator Stratton replaced the Honourable Senator Brown (February 9, 2009).
The Honourable Senator Fraser replaced the Honourable Senator Carstairs, P.C. (February 5, 2009).