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Journals of the Senate

58 Elizabeth II, A.D. 2009, Canada

Journals of the Senate

2nd Session, 40th Parliament


Issue 38

Wednesday, May 27, 2009
1:30 p.m.

The Honourable Rose-Marie Losier-Cool, Speaker pro tempore


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Johnson, Joyal, Kenny, Keon, Lang, LeBreton, Losier-Cool, MacDonald, Manning, Martin, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Oliver, Pépin, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Smith, Spivak, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dawson, *Day, Di Nino, Dickson, Downe, Duffy, *Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, *Grafstein, Greene, Harb, Hervieux-Payette, Housakos, *Hubley, Johnson, Joyal, Kenny, Keon, Lang, LeBreton, Losier-Cool, *Lovelace Nicholas, MacDonald, Manning, Martin, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, *Nolin, Oliver, Pépin, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, 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

Tributes

Tribute was paid to the Honourable Senator Eyton, who will retire from the Senate on July 12, 2009.

Senators' Statements

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Angus, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, tabled its seventh report (interim) entitled: Globe Conference 2008.—Sessional Paper No. 2/40-396S.

° ° °
 

The Honourable Senator Oliver, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its fifth report (amendments to the Rules of the Senate— Conflict of Interest Code for Senators).

(The report is printed as an appendix at pages 734-736.)

The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, 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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act, 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.

° ° °
 

A message was brought from the House of Commons with a Bill C-29, An Act to increase the availability of agricultural loans and to repeal the Farm Improvement Loans Act, 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 Mockler, 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 Di Nino tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Co-operation in Europe Parliamentary Assembly's Election Observation Mission in Moldova, from April 2 to 7, 2009.—Sessional Paper No. 2/40-397.

° ° °
 

The Honourable Senator Champagne, P.C., tabled the following:

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the Seminar of the United Nations Development Program and the Meeting of the Political Committee of the APF, held in Luang Prabang, Laos, on April 8 and 9, 2009.—Sessional Paper No. 2/40-398.

Presentation of Petitions

The Honourable Senator Harb presented petitions:

Of Residents of Canada concerning Canada's commercial seal hunt.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Second reading of Bill C-18, An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts.

The Honourable Senator Martin moved, seconded by the Honourable Senator Cochrane, that the bill be read the second time.

After debate,

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

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

° ° °
 

Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Angus, for the second reading of Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants).

After debate,

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

The bill was then read the second time.

The Honourable Senator Wallace moved, seconded by the Honourable Senator Duffy, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

° ° °
 

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

° ° °
 

Resuming debate on the motion of the Honourable Senator Neufeld, seconded by the Honourable Senator Fortin- Duplessis, for the second reading of Bill C-16, An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment.

After debate,

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

The bill was then read the second time.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that the bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.

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

° ° °
 

Orders No. 4 and 6 to 8 were called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 21 were called and postponed until the next sitting.

° ° °
 

Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Day, for the second reading of Bill S-212, An Act to amend the Canadian Environmental Protection Act, 1999.

After debate,

The Honourable Senator Comeau, for the Honourable Senator Lang, moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.

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

° ° °
 

Resuming debate on the motion of the Honourable Senator Lapointe, seconded by the Honourable Senator Tardif, for the second reading of Bill S-226, An Act to amend the Criminal Code (lottery schemes).

After debate,

The Honourable Senator Comeau, for the Honourable Senator MacDonald, moved, seconded by the Honourable Senator Di Nino, 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

Resuming debate on the motion by the Honourable Senator Kenny, seconded by the Honourable Senator Banks, for the adoption of the third report of the Standing Senate Committee on National Security and Defence (budget—study on the national security policy—power to hire staff and to travel), presented in the Senate on May 7, 2009;

And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Kenny, that the report be not now adopted, but that it be amended in Appendix B by reducing the figure in the "
Professional and Other Services'' category to $116,006, for a total of $349,175 for all categories, reflecting adjustments in the salaries for the Communications Consultant, the Senior Military Advisor, the Senior National Security Advisor, and the Writer-Consultant.

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

The question was then put on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Banks, for the adoption of the third report, as amended, of the Standing Senate Committee on National Security and Defence (budget—study on the national security policy—power to hire staff and to travel), it was adopted.

° ° °
 

Consideration of the sixth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-217, An Act respecting a National Philanthropy Day, with amendments), presented in the Senate on May 14, 2009.

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Campbell, that the report be adopted.

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

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Fraser, that the bill, as amended, be placed on the Orders of the Day for a third reading at the next sitting.

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

° ° °
 

Orders No. 3 to 10 were called and postponed until the next sitting.

Other

Orders No. 6 (motion), 1, 6 (inquiries) and 10 (motion) were called and postponed until the next sitting.

° ° °
 

Resuming debate on the inquiry of the Honourable Senator Cook calling the attention of the Senate to Newfoundland and Labrador — 60 years of being Canadian.

Debate concluded.

° ° °
 

Orders No. 23, 8, 9 (motions), 10 (inquiry), 7, 25 (motions), 17 (inquiry), 12, 60 (motions), 19 (inquiry), 28, 44 (motions), 13, 15 (inquiries), 49, 57, 51, 13 (motions), 12 and 2 (inquiries) were called and postponed until the next sitting.

° ° °
 

Resuming debate on the motion of the Honourable Senator Manning, seconded by the Honourable Senator Brown:

That the Senate of Canada support the Government of Canada's position on the commercial seal hunt, affirming the right of fishermen to lawfully hunt seals, recognizing the integral part the seal hunt plays in the communities where those hunters live; and

That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.

After debate,

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

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

° ° °
 

Order No. 42 (motion) was called and postponed until the next sitting.

MOTIONS

The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, P.C.:

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 Legal and Constitutional Affairs entitled Equal Justice: Reforming Canada's System of Courts Martial, tabled in the Senate on May 5, 2009 and adopted on May 12, 2009, with the Minister of National Defence being identified as minister responsible for responding to the report.

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

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2009, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 2/40-395.

ADJOURNMENT

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:

That the Senate do now adjourn.

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

(Accordingly, at 3:52 p.m. the Senate was continued until 1:30 p.m. tomorrow.)


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

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Duffy replaced the Honourable Senator Meighen (May 27, 2009).

The Honourable Senator Callbeck replaced the Honourable Senator Mahovlich (May 26, 2009).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Massicotte (May 26, 2009).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Cowan (May 26, 2009).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Zimmer replaced the Honourable Senator De Bané, P.C. (May 27, 2009).

The Honourable Senator De Bané, P.C., replaced the Honourable Senator Hervieux-Payette, P.C. (May 27, 2009).

The Honourable Senator Tkachuk replaced the Honourable Senator Segal (May 27, 2009).

The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator De Bané, P.C. (May 26, 2009).

Standing Senate Committee on National Security and Defence

The Honourable Senator Downe replaced the Honourable Senator Day (May 26, 2009).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Fraser replaced the Honourable Senator Carstairs, P.C. (May 26, 2009).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Cordy replaced the Honourable Senator Munson (May 27, 2009).

The Honourable Senator Munson replaced the Honourable Senator Cordy (May 27, 2009).

Standing Senate Committee on Transport and Communications

The Honourable Senator Campbell replaced the Honourable Senator Mercer (May 26, 2009).

The Honourable Senator Mercer replaced the Honourable Senator Munson (May 26, 2009).

The Honourable Senator Housakos replaced the Honourable Senator Mockler (May 26, 2009).


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