Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 13
Thursday, February 26, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Goldstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Munson, Murray, Neufeld, Nolin, Oliver, Peterson, Poy, Prud'homme, Raine, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Corbin, Cordy, 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, Harb, Hervieux-Payette, Housakos, Hubley, *Johnson, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Munson, Murray, Neufeld, Nolin, Oliver, Peterson, Poy, Prud'homme, Raine, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, 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 Leonard J. Gustafson, P.C., who retired from the Senate on November 10, 2008.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Statement of the Clerk's Receipts and Disbursements for the year ended March 31, 2008, pursuant to the Senate Administrative Rules, c. 3:05, sbs. 5(1).—Sessional Paper No. 2/40-170S.
Special Report to Parliament of the Information Commissioner entitled Report Cards 2007-2008 and Systemic issues affecting access to information in Canada, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 39.—Sessional Paper No. 2/40-171.
° ° °
The Honourable Senator Comeau tabled the following:
2009-2010 Estimates, Parts I and II: The Government Expense Plan and Main Estimates.—Sessional Paper No. 2/ 40-172.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey, tabled the following (Sessional Paper No. 2/40-173S):
Thursday, February 26, 2009
The Standing Committee on Internal Economy, Budgets and Administration has the honour to table its
FIRST REPORT
Your Committee 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:
Professional & Other Services $ 2,279.83 Transportation & Communications — All Other Expenditures —. TOTAL $ 2,279.83
Respectfully submitted,
GEORGE J. FUREY
Chair
° ° °
The Honourable Senator Furey, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented its second report (Senate Estimates 2009-2010).
(The report is printed as Appendix "A" at pages 157-163 (available in print format PDF))
The Honourable Senator Furey moved, seconded by the Honourable Senator Kenny, 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.
° ° °
The Honourable Senator Bacon, tabled the following (Sessional Paper No. 2/40-174S):
Thursday, February 26, 2009
The Standing Senate Committee on Transport and Communications 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 studies of legislation:
Transport and Communications $ 68,481 Professional and Other Services 9,371 All other expenditures 3,180 Witness Expenses 600 TOTAL $ 81,632
2. With respect to its study of the containerized freight traffic handled by Canada's ports:
Professional and Other Services $ 1,864 Transport and Communications — All other expenditures — Witness Expenses — TOTAL $ 1,864
In addition to the expenses for the examination of legislation and for its special study as set out above, the committee also incurred general postal charges in the amount of $103.
During the Second Session of the Thirty-ninth Parliament, your committee received 5 orders of reference, held 19 meetings, heard more than 29 hours of testimony from 57 witnesses and submitted 7 reports in relation to its work.
During the second session, your committee completed its examination of containerized freight traffic in Canada's ports. In addition to hearing witnesses in Ottawa, members of the committee visited the ports of Halifax and Prince Rupert.
Your committee also re-considered a user fee proposal concerning new fees for services provided by Industry Canada relating to telecommunications and radio apparatus.
In addition to these special studies, your committee also dealt with Bill C-8, An Act to amend the Canada Transportation Act (railway transportation) (reported without amendment on February 14, 2008); Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence (reported without amendment on June 4, 2008) and Bill S-221, An Act concerning personal watercraft in navigable waters, which your committee did not report before the end of the session.
Respectfully submitted,
LISE BACON
Chair
° ° °
The Honourable Senator Angus, tabled the following (Sessional Paper No. 2/40-175S):
Thursday, February 26, 2009
The Standing Senate Committee on Energy, the Environment and Natural Resources 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 Second Session of the Thirty-ninth Parliament are as follows:
1. With respect to studies of legislation:
Professional Services $ 3,916 Transport and Communications — Other Expenditures — Witness expenses 3,520 TOTAL $ 7,436
2. With respect to its special study on issues relating to energy, the environment and natural resources:
Professional Services $ 13,774 Transport and Communications 131,179 Other Expenditures 2,093 Witness expenses 5,467 TOTAL $ 152,513
3. With respect to its Review of the Canadian Environmental Protection Act (1999, c. 33) pursuant to Section 343(1) of the said Act:
Professional Services $ 762 Transport and Communications — Other Expenditures — Witness expenses — TOTAL $ 762
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 $51.
During the session under consideration, your committee studied 8 orders of reference, held 35 meetings and received 88 testimonies over a period of approximately 64 hours. In total, your committee produced 12 reports.
In addition, your committee travelled on a fact-finding mission to the Arctic from June 1 to 6, 2008.
Respectfully submitted,
W. DAVID ANGUS
Chair
° ° °
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its second report (Supplementary Estimates (B), 2008-2009).
(The report is printed as Appendix "B" at pages 164-193 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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.
° ° °
The Honourable Senator Meighen tabled the following (Sessional Paper No. 2/40-176S):
Thursday, February 26, 2009
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 Second Session of the Thirty-ninth Parliament are as follows:
1. With respect to its studies of legislation:
Professional and other services $ 15,454 Transportation and Communications — All other expenditures 5,800 Witness expenses 8,328 TOTAL $ 29,582
2. With respect to its special study on the present state of the domestic and international financial system authorized by the Senate on Tuesday, November 20, 2007:
Professional and other services $ 8,972 Transportation and Communications 216 All other expenditures — Witness expenses 4,715 TOTAL $ 13,903
3. With respect to its special study on issues dealing with interprovincial barriers to trade authorized by the Senate on Tuesday, November 20, 2007:
Professional and other services $ 890 Transportation and Communications 8,348 All other expenditures — Witness expenses — TOTAL $ 9,238
4. 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 $31.
During the session, your Committee held 41 meetings (71.5 hours), heard 152 witnesses and submitted 6 reports in relation to its work. Your Committee examined 4 bills (C-10, C-12, S-2, S-205) and received a total of 6 orders of reference.
Respectfully submitted,
MICHAEL A. MEIGHEN
Chair
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Hervieux-Payette, P.C., tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Forum of the Americas respecting its participation at the Regional Workshop for Central and South American Parliamentarians: "Trade Liberalization: the WTO, the Doha Round and Development Challenges'', held in San José, Costa Rica, on November 7 and 8, 2008.—Sessional Paper No. 2/40-177.
° ° °
The Honourable Senator Andreychuk tabled the following:
Report of the Canadian Delegation of the Canada-Africa Parliamentary Association respecting its bilateral visits to Nairobi, Kenya; Bujumbura, Burundi; and Kigali and Butare, Rwanda, from June 22 to 28, 2008.—Sessional Paper No. 2/40-178.
ORDERS OF THE DAY
A point of order was raised with respect to Question Period.
After debate,
The Speaker reserved his decision.
GOVERNMENT BUSINESS
Reports of Committees
Consideration of the second report of the Standing Senate Committee on National Finance (Supplementary Estimates (B), 2008-2009) presented in the Senate earlier this day.
The Honourable Senator Day moved, seconded by the Honourable Senator Callbeck that the report be adopted.
After debate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator McCoy, that further debate on the motion 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 of the Honourable Senator Day, seconded by the Honourable Senator Callbeck, for the adoption of the second report of the Standing Senate Committee on National Finance (Supplementary Estimates (B), 2008-2009) presented in the Senate earlier this day.
The motion was adopted.
Bills
Third reading of 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.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Wallin, 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.
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
February 26th, 2009
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, will proceed to the Senate Chamber today, the 26th day of February, 2009, at 5:30 p.m., for the purpose of giving Royal Assent to a bill of law.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Brown:
That photographers be authorized in the Senate Chamber to photograph the Royal Assent ceremony today, with the least possible disruption of the proceedings.
The question being put on the motion, it was adopted.
Bills
Order No. 2 was 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 Comeau moved, seconded by the Honourable Senator Oliver, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 26 were called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Cochrane:
That the Senate approve in principle the installation of equipment necessary to the broadcast quality audio-visual recording of its proceedings and other approved events in the Senate Chamber and in no fewer than four rooms ordinarily used for meetings by committees of the Senate;
That for the purposes set out in the following paragraph, public proceedings of the Senate and of its committees be recorded by this equipment, subject to policies, practices and guidelines approved from time to time by the Standing Committee on Internal Economy, Budgets and Administration ("the committee'');
That selected and packaged proceedings categorized according to subjects of interest be prepared and made available for use by any television broadcaster or distributor of audio-visual programmes, subject to the terms specified in any current or future agreements between the Senate and that broadcaster or distributor;
That such selected proceedings also be made available on demand to the public on the Parliamentary Internet;
That the Senate engage by contract a producer who shall, subject only to the direction of that committee, make the determination of the programme content of the selected and categorized proceedings of the Senate and of its committees;
That equipment and personnel necessary for the expert selection, preparation and categorization of broadcast- quality proceedings be secured for these purposes; and
That the committee be instructed to take measures necessary to the implementation of this motion.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Andreychuk, 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. 4, 2, 1 (inquiries), 10, 4 and 3 (motions) were called and postponed until the next sitting.
INQUIRIES
With leave of the Senate,
The Honourable Senator Comeau called the attention of the Senate for the purposes of paying tribute to the Honourable Leonard Gustafson, P.C., in recognition of his outstanding career as a member of the Senate of Canada and for his many contributions and service to Canadians.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Hervieux-Payette, P.C., called the attention of the Senate to the alarming situation of the disastrous fires in Australia, which have taken hundreds of lives as well as totally razing some areas of that continent, and the fact that protecting the safety and well-being of its citizens in the face of such disasters requires a clearer ecological and humanitarian direction for the sake of all mankind.
Debate concluded.
MOTIONS
The Honourable Senator Callbeck moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the accessibility of post-secondary education in Canada, including but not limited to:
(a) analysis of the current barriers in post-secondary education, such as geography, family income levels, means of financing for students, debt levels and challenges faced specifically by Aboriginal students;
(b) evaluation of the current mechanisms for students to fund post-secondary education, such as Canada Student Loans Program, Canada Student Grants Program, Canada Access Grants, funding for Aboriginal students, Canada Learning Bonds, and Registered Education Savings Plans;
(c) examination of the current federal/provincial transfer mechanism for post-secondary education;
(d) evaluation of the potential establishment of a dedicated transfer for post-secondary education; and
(e) any other matters related to the study; and
That the Committee submit its final report no later than December 31, 2010, and that the Committee retain until June 30, 2011, all powers necessary to publicize its findings.
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.
Pursuant to rule 134(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.
After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne.
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
"It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
The Speaker of the House of Commons addressed Her Excellency the Governor General as follows:
"May it Please Your Excellency:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Excellency the following Bill:
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2009 (Bill C-12, Chapter 1, 2009)
To which Bill I humbly request Your Excellency's Assent.''
After, one of the Clerks at the Table read the title of the Bill.
To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill.''
5:42 p.m.
The Commons withdrew.
After which Her Excellency the Governor General was pleased to retire.
At 5:44 p.m., the sitting resumed.
MOTIONS
The Honourable Senator Cochrane, moved, seconded by the Honourable Senator Angus:
That, pursuant to rule 131(2), the Senate request a complete and detailed response from the government to the fifth report of the Standing Senate Committee on Aboriginal Peoples, entitled Honouring the Spirit of Modern Treaties: Closing the Loopholes, tabled in the Senate on May 15, 2008 and adopted by the Senate on May 27, 2008, with the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Metis and Non-Status Indians, and the Minister of Intergovernmental Affairs and President of the Queen's Privy Council for Canada being identified as Ministers responsible for responding.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the provisions and operation of the DNA Identification Act (S.C. 1998, c. 37); and
That the committee submit its final report no later than June 30, 2009.
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 Lang:
That when the Senate adjourns today, it do stand adjourned until Tuesday, March 3, 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 British Columbia Treaty Commission, together with the Auditors' Report, for the fiscal year ended March 31, 2008, pursuant to the British Columbia Treaty Commission Act, S.C. 1995, c. 45, sbs. 21(3).—Sessional Paper No. 2/40-169.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:47 p.m. the Senate was continued until Tuesday, March 3, 2009, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Hubley (February 26, 2009).
The Honourable Senator Moore replaced the Honourable Senator Banks (February 26, 2009).
The Honourable Senator Hubley replaced the Honourable Senator Hervieux-Payette, P.C. (February 25, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Zimmer replaced the Honourable Senator Mitchell (February 25, 2009).