58 Elizabeth II, A.D. 2009, Canada

Journals of the Senate

2nd Session, 40th Parliament

---

Issue 10

Thursday, February 12, 2009
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker

---

The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Banks, Biron, Brazeau, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Gerstein, Goldstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Keon, Kinsella, Lang, Lapointe, LeBreton, MacDonald, Mahovlich, Manning, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Banks, Biron, Brazeau, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, *Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Gerstein, Goldstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Keon, Kinsella, Lang, Lapointe, LeBreton, *Losier-Cool, MacDonald, Mahovlich, Manning, *Martin, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, *Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt

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:

Audit Report of the Privacy Commissioner of Canada on the examination of the privacy management frameworks of selected Federal Institutions (2009), pursuant to the Privacy Act, R.S.C. 1985, c. P-21, s. 39.—Sessional Paper No. 2/ 40-125.

Report of the Auditor General of Canada to the House of Commons — Managing Identity Information (2009), pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, s. 7(5).—Sessional Paper No. 2/40-126.

° ° °
 

The Honourable Senator Comeau tabled the following:

Supplementary Estimates (C) 2008-2009.—Sessional Paper No. 2/40-127.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Mockler tabled the following (Sessional Paper No. 2/40-128S):

Thursday, February 12, 2009

The Standing Senate Committee on Agriculture and Forestry 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 Second Session of the Thirty-ninth Parliament were as follows:

1. With respect to its special study on rural poverty in Canada:

Transportation & Communications	$ 236,741
Professional and Other Services	104,529
All other expenditures	5,121
Witness Expenses	38,441
TOTAL	$ 384,832

2. With respect to its special study on the present state and the future of agriculture and forestry in Canada:

Professional and Other Services	$ 4,017
All other expenditures	139
Witness Expenses	5,725
TOTAL	$ 9,881

3. With respect to its studies of legislation:

Professional and Other Services	$ 1,018
All other expenditures	—
Witness Expenses	1,586
TOTAL	$ 2,604

In addition to the expenses for the examination of legislation and for its special studies as set out above, your committee also incurred general postal charges in the amount of $108.

During the session under consideration, your committee considered four orders of reference, including two bills, held 42 meetings and heard more than 66 hours of testimony from 134 witnesses. In total, your committee produced 9 reports.

Respectfully submitted,

PERCY MOCKLER

Chair

° ° °
 

The Honourable Senator Carstairs, P.C., tabled the following (Sessional Paper No. 2/40-129S):

Thursday, February 12, 2009

The Special Senate Committee on Aging 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 by the committee during the Second Session of the Thirty-ninth Parliament are as follows:

1. With respect to its special study on aging:

Professional and Other Services	$ 85,880
Transport and Communications	157,677
Other Expenditures	3,835
Witness Expenses	16,373
TOTAL	$ 263,765

In addition to the expenses for its special study as set out above, your committee also incurred general postal charges in the amount of $216.

During the session under consideration, your committee considered one (1) order of reference, held twenty-eight (28) meetings, heard from one hundred and seventy one (171) witnesses and submitted four (4) reports in relation to its work. As part of this study, your committee travelled to Welland, Sherbrooke, Halifax, Moncton, Winnipeg, Vancouver and Victoria to hold public hearings and conduct fact-finding.

Respectfully Submitted,

SHARON CARSTAIRS

Chair

° ° °
 

The Honourable Senator Day tabled the following (Sessional Paper No. 2/40-130S):

Thursday, February 12, 2009

The Standing Senate Committee on National Finance 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 Second Session of the Thirty ninth Parliament are as follows:

1. With respect to its consideration of estimates and legislation:

Professional and Other Services	$ 5,659
Transport and Communications	—
Other Expenditures	—
Witness Expenses	6,833
TOTAL	$ 12,492

Your committee examined five bills, one of which was reported without amendment:

Bill C-41, An Act respecting payments to a trust established to provide provinces and territories with funding for community development.

Your committee also reported the following bills with amendments:

Bill S-201, An Act to amend the Financial Administration Act and the Bank of Canada Act (quarterly financial reports);

Bill S-215, An Act to protect heritage lighthouses; and

Bill S-219, An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and establishment of national area of selection).

In addition, your committee reported the following bill without amendment but with observations:

Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget.

Finally, your committee examined and reported on the subject matter of the following bills:

Subject-matter of Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007;

Subject-matter of Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget.

In addition to the expenses for the examination of Estimates and legislation as set out above, your committee also incurred general postal charges in the amount of $26.

During the Second Session of the Thirty ninth Parliament, your committee received 13 orders of reference, held 38 meetings, heard more than 64 hours of testimony from 144 witnesses and submitted 17 reports in relation to its work, including 10 reports dealing with the Estimates (Main or Supplementary).

Respectfully submitted,

JOSEPH A. DAY

Chair

° ° °
 

The Honourable Senator Di Nino tabled the following (Sessional Paper No. 2/40-131S):

Thursday, February 12, 2009

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 incurred by the committee during the Second Session of the Thirty-ninth Parliament are as follows:

1. With respect to its examination of legislation:

Professional and Other Services	$ 1,075
Transport and Communications	—
Other Expenditures	—
Witness Expenses	2,208
TOTAL	$ 3,283

2. With respect to its study on issues relating to foreign relations in general:

Professional and Other Services	$ 5,470
Transport and Communications	21,554
Other Expenditures	574
Witness Expenses	5,190
TOTAL	$ 32,788

3. 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	$ —
Transport and Communications	1,587
Other Expenditures	—
Witness Expenses	1,767
TOTAL	$ 3,354

In addition to the expenses for the examination of legislation and for its special studies as set out above, the committee also incurred general postal charges in the amount of $16.

Your committee held 24 meetings, during which it received evidence from 47 witnesses. A total of 33.4 hours was spent in meetings.

During the second session, the committee set out to examine the emergence economic influence of China, India and Russia and Canada's policy response. The main objective of this study was to better understand the high levels of economic growth of these countries. The committee's intent was to formulate concrete recommendations on Canada's policy response to the Government of Canada. This study was ongoing until the dissolution of Parliament.

Your committee also reported without amendment Bill C-9, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention); and reported without amendment but with observations Bill C-293, An Act respecting the provision of official development assistance abroad.

Respectfully submitted,

CONSIGLIO DI NINO

Chair

° ° °
 

The Honourable Senator Fraser tabled the following (Sessional Paper No. 2/40-132S):

Thursday, February 12, 2009

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, that the expenses incurred by the committee during the Second Session of the Thirty-ninth Parliament are as follows:

With respect to its examination of legislation:

Professional and Other Services	$ 13,224
Transport and Communications	—
Other Expenditures	472
Witness Expenses	39,382
TOTAL	$ 53,078

During the Second Session of the Thirty-ninth Parliament, your committee received 17 orders of reference, held 47 meetings, heard more than 98 hours of testimony from 169 witnesses and submitted 14 reports in relation to its work.

Your committee examined 10 bills, six of which were reported without amendment: Bill S-203, An Act to amend the Criminal Code (cruelty to animals); Bill S-207, An Act to repeal legislation that has not come into force within ten years of receiving royal assent; Bill S-213, An Act to amend the Criminal Code (lottery schemes); Bill S-210, An Act to amend the Criminal Code (suicide bombings); Bill S-224, An Act to amend the Parliament of Canada Act (vacancies); and Bill C-31, An Act to amend the Judges Act.

One bill was reported without amendment but with observations: Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts.

In addition, your committee reported the following bill with amendments: Bill S-209, An Act to amend the Criminal Code.

And finally, your committee reported the following bills with amendments and observations: Bill C-13, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments) and Bill C- 11, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act.

Respectfully submitted,

JOAN FRASER

Chair

° ° °
 

The Honourable Senator Eggleton, P.C., tabled the following (Sessional Paper No. 2/40-133S):

Thursday, February 12, 2009

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 Second Session of the Thirty-ninth Parliament are as follows:

1. With respect to its examination and consideration of legislation:

Professional and Other Services	$ 757
Transport and Communications	—
Other Expenditures	—
Witness Expenses	7,014
TOTAL	$ 7,771

2. With respect to its special study on the federal government's new Science and Technology (S&T) Strategy:

Professional and Other Services	$ 723
Transport and Communications	—
Other Expenditures	—
Witness Expenses	—
TOTAL	$ 723

3. With respect to its special study on the state of early learning and child care in Canada:

Professional and Other Services	$ 25,556
Transport and Communications	—
Other Expenditures	—
Witness Expenses	1,751
TOTAL	$ 27,307

4. With respect to a special study by the Subcommittee on Cities on current social issues pertaining to Canada's largest cities:

Professional and Other Services	$ 23,669
Transport and Communications	73,169
Other Expenditures	2,359
Witness Expenses	47,417
TOTAL	$ 146,614

5. With respect to a special study by the Subcommittee on Population Health on the social determinants of health:

Professional and Other Services	$ 63,372
Transport and Communications	127,369
Other Expenditures	4,039
Witness Expenses	35,580
TOTAL	$ 230,360

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 $1,739.

Your committee received 10 orders of reference (including 5 bills), held 18 meetings, heard more than 30 hours of testimony from 56 witnesses and submitted 17 reports in relation to its work.

Your committee created a Subcommittee on Cities to examine and report on current social issues pertaining to Canada's largest cities. The subcommittee held 18 meetings and heard more than 36 hours of testimony from 85 witnesses.

Your committee created a Subcommittee on Population Health to examine and report on the impact of the multiple factors and conditions that contribute to the health of Canada's population. The subcommittee held 26 meetings and heard more than 39 hours of testimony from 87 witnesses.

Respectfully submitted,

ART EGGLETON

Chair

ORDERS OF THE DAY

A point of order was raised with respect to order and decorum during Senators' Statements on February 11, 2009.

After debate,

The Speaker reserved his decision.

With leave of the Senate,

The Honourable Senator Cordy tabled the following:

Letter to the Editor published in the Cape Breton Post on December 20, 2008, entitled Class heard no partisan jibes from visiting senator (English text).—Sessional Paper No. 2/40-134S.

GOVERNMENT BUSINESS

Bills

Order No. 1 was called and postponed until the next sitting.

° ° °
 

Resuming debate on the motion of the Honourable Senator Cochrane, seconded by the Honourable Senator Rivard, for the second reading of Bill S-3, An Act to amend the Energy Efficiency Act.

After debate,

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

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

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 Comeau moved, seconded by the Honourable Senator Nancy Ruth, that further debate on the inquiry 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 Brazeau, that further debate on the motion be adjourned until the next sitting.

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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons with a Bill C-12, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2009, 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 Stratton, 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.

Motions

The Honourable Senator Comeau moved, seconded by the Honourable Senator Nancy Ruth:

That, for the remainder of the current session, all select and joint committees be authorized to permit coverage by electronic media of their public proceedings with the least possible disruption of their hearings.

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

° ° °
 

The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon:

That, pursuant to section 1(2) of chapter 3:06 of the Senate Administrative Rules, all select committees have power, for the remainder of the current session, to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of their examination and consideration of such bills, subject-matters of bills and estimates as are referred to them.

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

° ° °
 

The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon:

That, pursuant to rule 95(3), for the remainder of this session, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence be authorized to meet at their approved meeting times as determined by the Government and Opposition Whips on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.

After debate,

In amendment, the Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Banks, that the motion be amended by adding the words "
and the Special Senate Committee on Aging'' after the words "
National Security and Defence''.

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

The Senate resumed debate on the motion, as amended, of the Honourable Senator Comeau, seconded by the Honourable Senator Keon:

That, pursuant to rule 95(3), for the remainder of this session, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence and the Special Senate Committee on Aging be authorized to meet at their approved meeting times as determined by the Government and Opposition Whips on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.

After debate,

The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that further debate on the motion, as amended, be adjourned until the next sitting.

The question being put on the motion, it was negatived, on division.

The question was then put on the motion, as amended, of the Honourable Senator Comeau, seconded by the Honourable Senator Keon:

That, pursuant to rule 95(3), for the remainder of this session, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence and the Special Senate Committee on Aging be authorized to meet at their approved meeting times as determined by the Government and Opposition Whips on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.

The motion, as amended, was adopted, on division.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 25 were called and postponed until the next sitting.

Other

Orders No. 4, 2, 1 (inquiries), 10, 4 and 3 (motions) were called and postponed until the next sitting.

---

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 Gerstein:

That when the Senate adjourns today, it do stand adjourned until Tuesday, February 24, 2009, 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 Wallin:

That the Senate do now adjourn.

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

(Accordingly, at 4:16 p.m. the Senate was continued until Tuesday, February 24, 2009, at 2 p.m.)

---

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

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Poulin replaced the Honourable Senator Callbeck (February 12, 2009).

The Honourable Senator Munson replaced the Honourable Lovelace Nicholas (February 11, 2009).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Milne replaced the Honourable Senator Kenny (February 12, 2009).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Cook replaced the Honourable Senator Cordy (February 12, 2009).

The Honourable Senator Prud'homme, P.C. replaced the Honourable Senator Rivard (February 11, 2009).

Standing Joint Committee on the Library of Parliament

The Honourable Senator Lapointe replaced the Honourable Senator Baker, P.C. (February 12, 2009).

Standing Senate Committee on National Finance

The Honourable Senator Stratton replaced the Honourable Senator Rivard (February 12, 2009).

The Honourable Senator Nancy Ruth replaced the Honourable Senator Greene (February 12, 2009).

The Honourable Senator Greene replaced the Honourable Senator Nancy Ruth (February 11, 2009).

The Honourable Senator Rivard replaced the Honourable Senator Prud'homme, P.C. (February 11, 2009).

Standing Senate Committee on Official Languages

The Honourable Senator Tardif replaced the Honourable Senator Poulin (February 12, 2009).

---