Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 42
Thursday, June 4, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Brazeau, Brown, Bryden, Callbeck, 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, Joyal, Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Martin, Massicotte, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Prud'homme, Ringuette, Rivard, Robichaud, Rompkey, Segal, Smith, St. Germain, Stollery, Stratton, Tardif, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Brazeau, Brown, Bryden, Callbeck, 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, Joyal, Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Martin, Massicotte, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, *Peterson, Prud'homme, Ringuette, Rivard, Robichaud, Rompkey, Segal, Smith, St. Germain, Stollery, Stratton, Tardif, 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:
Report of the Information Commissioner for the period ending March 31, 2009, pursuant to the Access to Information Act, R.S.C., 1985, c. A-1, sbs. 40(1).—Sessional Paper No. 2/40-433.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, tabled its third report entitled: Francophone Arts and Culture: Living Life to its Fullest in Minority Settings.—Sessional Paper No. 2/40- 434S.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Corbin, 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 Fairbairn, P.C., Deputy Chair of the Standing Senate Committee on Agriculture and Forestry, tabled its fourth report entitled: Beyond Freefall: Halting Rural Poverty.—Sessional Paper No. 2/40-435S.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C., 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 Rompkey, P.C., Chair of the Standing Senate Committee on Fisheries and Oceans, tabled its fourth report entitled: Nunavut Marine Fisheries: Quotas and Harbours.—Sessional Paper No. 2/40-436S.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Poulin, 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 Wallace presented the following:
Thursday, June 4, 2009
The Standing Senate Committee on Transport and Communications has the honour to present its
FIFTH REPORT
Your Committee, to which was referred the document "Department of Public Works and Government Services Canada User Fees Amendment Proposal for services relating to the Esquimalt Graving Dock'' has, in obedience to the order of reference of Tuesday, May 26, 2009, examined the proposed new user fee and, in accordance with section 5 of the User Fees Act, recommends that it be approved.
Respectfully submitted,
JOHN D. WALLACE
For the Honourable Lise Bacon, Chair of the committee
The Honourable Senator Wallace moved, seconded by the Honourable Senator Duffy, 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-24, An Act to implement the Free Trade Agreement between Canada and the Republic of Peru, the Agreement on the Environment between Canada and the Republic of Peru and the Agreement on Labour Cooperation between Canada and the Republic of Peru, 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 Andreychuk, 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-33, An Act to amend the War Veterans Allowance 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 Andreychuk, 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 Champagne, P.C., tabled the following:
Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the Meeting of the APF Cooperation and Development Committee, held in Cotonou, Benin, from April 28 to 30, 2009.—Sessional Paper No. 2/40-437.
Presentation of Petitions
The Honourable Senator Harb presented a petition:
Of Residents of the Province of British Columbia concerning Canada's commercial seal hunt.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:
Reply to Question No. 16, dated February 24, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Mitchell, respecting pay equity legislation. —Sessional Paper No. 2/40-438S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Brazeau, seconded by the Honourable Senator Fortin- Duplessis, for the second reading of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Brazeau moved, seconded by the Honourable Senator Lang, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Adams:
That, in accordance with section 38 of the Nunavut Act, chapter 28 of the Statutes of Canada, 1993, the Senate concur in the June 4, 2008 passage of the Official Languages Act by the Legislative Assembly of Nunavut.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the motion be referred to the Standing Senate Committee on Legal and Constitutional Affairs for study and report; and
That the committee report no later than June 11, 2009.
After debate,
The question being put on the motion in amendment, it was adopted, on division.
With leave of the Senate,
The Honourable Senator Joyal, P.C., tabled the following:
Letter from the Commissioner of Official Languages to Nunavut's Minister of Culture, Language, Elders and Youth, dated May 2, 2007, regarding the draft official languages and Inuit language protection bills.—Sessional Paper No. 2/40-439S.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Atkins, for the second reading of Bill S-222, An Act to amend the International Boundary Waters Treaty Act (bulk water removal).
After debate,
The Honourable Senator Wallin moved, seconded by the Honourable Senator Champagne, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 22 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Goldstein, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-231, An Act to amend the Investment Canada Act (human rights violations).
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.
Order No. 24 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-238, An Act to establish gender parity on the board of directors of certain corporations, financial institutions and parent Crown corporations.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., that the bill be read the second time.
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.
° ° °
Order No. 26 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
° ° °
Consideration of the second report of the Standing Senate Committee on Official Languages (budget—study on the application of the Official Languages Act—power to hire staff and to travel), presented in the Senate on June 2, 2009.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Tardif, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Order No. 3 was called and postponed until the next sitting.
° ° °
Consideration of the sixth report of the Standing Committee on Internal Economy, Budgets and Administration (committee budget), presented in the Senate on May 28, 2009.
The Honourable Senator Cook moved, seconded by the Honourable Senator Munson, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the seventh report of the Standing Committee on Internal Economy, Budgets and Administration (amendments to the Senate Administrative Rules), presented in the Senate on May 28, 2009.
The Honourable Senator Cook moved, seconded by the Honourable Senator Hubley, that the report be adopted.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, 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 13 were called and postponed until the next sitting.
Other
Resuming debate on the inquiry of the Honourable Senator Comeau calling the attention of the Senate to the career of the Honourable Norman Atkins in the Senate and his many contributions in service to Canadians.
Debate concluded.
° ° °
Resuming debate on the inquiry of the Honourable Senator Hubley calling the attention of the Senate to the Treaty on Cluster Munitions.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Keon, 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 Presentation of Reports from Standing or Special Committees.
The Honourable Senator Fraser presented the following:
Thursday, June 4, 2009
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
SIXTH REPORT
Your committee, to which was referred Bill S-205, An Act to amend the Criminal Code (suicide bombings), has, in obedience to the order of reference of Tuesday, March 31, 2009, examined the said Bill and now reports the same with the following amendment:
Clause 1, page 1:
(a) Replace lines 8 to 10 with the following:
"bombing is an act that comes within paragraph (a) or (b) of the definition "
terrorist activity'' in subsection (1) if it satisfies the criteria of that paragraph.''; and
(b) Add after line 10 the following:
"2. This Act comes into force on the day to be fixed by order of the Governor in Council.''.
Respectfully submitted,
JOAN FRASER
Chair
The Honourable Senator Fraser moved, seconded by the Honourable Senator Comeau, 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.
Other
Orders No. 42 and 46 (motions) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Segal calling the attention of the Senate to the government of Iran's imminent nuclear war capacity and its preparations for war in the Middle East, and to the commitment of Canada and its allies, including the USA, Russia, Turkey, the Gulf States, Egypt, Jordan, Saudi Arabia and others, to diplomatic and strategic initiatives that exclude first-use nuclear attack, the ability of Canada to engage with its allies in order to understand, measure and contain this threat, and the capacity of Canada to support allied efforts to prevent a thermonuclear exchange in the Middle East.
After debate,
The Honourable Senator Prud'homme, P.C., 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.
° ° °
Orders No. 6 (inquiry), 10, 23, 8, 9 (motions), 10 (inquiry), 7, 25 (motions), 17 (inquiry) and 12 (motion) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Champagne, P.C., seconded by the Honourable Senator Eaton:
That the Senate unanimously urge the two Ministers responsible for the Olympic and Paralympic Games to do everything in their power to make VANOC and the Broadcasting Consortium quickly reach an agreement that will ensure the broadcasting of the 2010 Paralympic Games in Vancouver and Whistler.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 19 (inquiry), 28, 44 (motions), 13, 15 (inquiries), 49, 57, 51 and 13 (motions) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Chaput calling the attention of the Senate to the Conservative government's inaction on CBC/Radio-Canada's urgent financial needs and the disastrous consequences of this inaction on services to official-language minority communities.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Harb called the attention of the Senate to the fact that the Canadian government has supported the use of seal products, specifically seal skins, for the uniforms of Canadian athletes at the upcoming Winter Olympics in Vancouver.
Debate concluded.
MOTIONS
The Honourable Senator Eaton moved, seconded by the Honourable Senator Gerstein:
That the Standing Senate Committee on Social Affairs, Science and Technology undertake a study examining the promotion of Canadian identity, integration and cohesion with a working title of Who We Are: Canadian Identity in the 21st Century.
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Cordy, 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 Angus moved, seconded by the Honourable Senator Nolin:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on the current state and future of Canada's energy sector (including alternative energy). In particular, the committee shall be authorized to:
(a) Examine the current state of the energy sector across Canada, including production, manufacturing, transportation, distribution, sales, consumption and conservation patterns;
(b) Examine the federal and provincial/territorial roles in the energy sector and system in Canada;
(c) Examine current domestic and international trends and anticipated usage patterns and market conditions, including trade and environmental measures and opportunities, likely to influence the sector's and energy system's future sustainability;
(d) Develop a national vision for the long-term positioning, competitiveness and security of Canada's energy sector; and
(e) Recommend specific measures by which the federal government could help bring that vision to fruition.
That the committee submit its final report no later than June 30, 2011 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Lang:
That the papers and evidence received and taken and the work accomplished by the Standing Senate Committee on Foreign Affairs and International Trade on its order of reference relating to foreign relations and international trade generally during the Second Session of the Thirty-ninth Parliament be referred to the committee for the purpose of its current study on the rise of China, India and Russia in the global economy and the implications for Canadian policy.
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 Di Nino:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 9, 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 Canada Mortgage and Housing Corporation for the fiscal year ended March 31, 2009, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-432.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Duffy:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:30 p.m. the Senate was continued until Tuesday, June 9, 2009, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Raine replaced the Honourable Senator Martin (June 4, 2009).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Poulin replaced the Honourable Senator Munson (June 3, 2009).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Milne replaced the Honourable Senator Watt (June 3, 2009).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Dawson replaced the Honourable Senator Zimmer (June 4, 2009).
The Honourable Senator Zimmer replaced the Honourable Senator Dawson (June 3, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Chaput replaced the Honourable Senator Milne (June 4, 2009).
The Honourable Senator Milne replaced the Honourable Senator Rompkey, P.C. (June 4, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Gerstein replaced the Honourable Senator Greene (June 4, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Nolin replaced the Honourable Senator Tkachuk (June 3, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Dawson replaced the Honourable Senator Hervieux-Payette, P.C. (June 4, 2009).