Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 45
Thursday, June 11, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Keon, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Martin, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Neufeld, Nolin, Oliver, Pépin, Peterson, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, *Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Martin, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Neufeld, Nolin, Oliver, Pépin, Peterson, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, 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:
Special Report to Parliament by the Canadian Human Rights Commission entitled: Freedom of Expression and Freedom from Hate in the Internet Age (June 2009), pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(2) and 61(4). —Sessional Paper No. 2/40-465.
° ° °
The Honourable Senator Comeau tabled the following:
Document entitled Canada's Economic Action Plan — A Second Report to Canadians — June 2009.—Sessional Paper No. 2/40-466.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Human Rights, tabled its third report entitled: The Public Sector Equitable Compensation Act. —Sessional Paper No. 2/40-467S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator MacDonald, 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 Day, Chair of the Standing Senate Committee on National Finance, tabled its sixth report entitled: The Budget Implementation Act, 2009.—Sessional Paper No. 2/40-468S.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, 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 Day presented the following:
Thursday, June 11, 2009
The Standing Senate Committee on National Finance has the honour to present its
SEVENTH REPORT
Your committee, to which was referred Bill C-18, An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts, has, in obedience to its order of reference of May 28, 2009, examined the said bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
JOSEPH A. DAY
Chair
Observations to the Seventh Report of the Standing Senate Committee on National Finance
During the committee's examination of this legislation, it was brought to our attention that the 6 month Royal Canadian Mounted Police (RCMP) cadet training period, which is not considered pensionable service, is as issue that requires further policy changes by the Government of Canada and the RCMP. Since 1994, cadets have not been employees of the RCMP, and as such, cannot contribute to the pension plan. In contrast, some other major Canadian police forces regard cadets as employees and thus contribute to their respective pension plans during the training period. With the passing of this legislation, this will create a inequity between RCMP cadets and some transferring police officers, as the latter will have the option to buy back prior service, including their training period, or to transfer pension credits as cadets to the RCMP.
The committee therefore calls on the Government and RCMP to undertake to consult with all stakeholders, and to consider policies that designate new cadets as employees of the RCMP and determine if full retroactivity to post-1994 graduates is possible.
The committee asks that the results of this review be reported back to this committee within 12 months.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Mockler, that the bill 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.
° ° °
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its eighth report (second interim) (2009-2010 Estimates).
(The report is printed as appendix "A'' at pages 843-877 (available in print format PDF))
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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 Mitchell presented the following:
Thursday, June 11, 2009
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its
EIGHTH REPORT
Your committee, to which was referred 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, has, in obedience to the order of reference of Wednesday, May 27, 2009, examined the said bill and now reports the same without amendment. Your committee appends to this report certain observations relating to the bill.
Respectfully submitted,
GRANT MITCHELL
Deputy Chair of the committee for W. David Angus, Chair of the committee
Observations to the Eighth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources
Your committee has the following observations:
First, your committee has heard concerns that Bill C-16 may contravene certain of Canada's international obligations under the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Civil Liability for Oil Pollution Damage (CLC), and the United Nations Convention on the Law of the Sea (UNCLOS), particularly with respect to provisions which contemplate imprisonment of mariners convicted of various environmental offences.
In recommending passage of this bill without amendment, your committee is relying largely on the testimony of the Honourable Minister that prosecutions under respective Acts will not proceed if such prosecutions would contravene any treaty or international convention to which Canada is a signatory. Your committee will follow prosecutions and sentencing under C-16 with great interest and careful scrutiny.
Second, Bill C-16 seeks to deter would-be polluters by strengthening enforcement provisions of environmental statutes. In general, witnesses before your committee were supportive of the bill. However, some raised a specific concern regarding these increased penalties for discharging waste into water. Ships need to discharge waste as part of their normal operations. Currently, a lack of reception facilities at Canadian ports leaves mariners with no legal means to discharge waste. Recognizing that the provision of reception facilities is crucial for the effective implementation of pollution prevention treaties, the International Maritime Organization strongly encourages port States under the MARPOL Convention to provide adequate reception facilities. Witnesses appearing before your committee stressed the need for these facilities at Canadian ports, and your committee endorses this view. Strong deterrence measures, absent realistic means of complying with the law, are unreasonable.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that the bill 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.
° ° °
The Honourable Senator Mitchell, Deputy Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, tabled its ninth report entitled: Report Addressing Bill C-10, Navigable Waters Protection Act. —Sessional Paper No. 2/40-469S.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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 Mitchell, Deputy Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its tenth report (budget—study on emerging issues—power to travel).
(The report is printed as appendix "B'' at pages 878-887 (available in print format PDF))
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, 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 Mockler, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its fifth report (Bill C-29, An Act to increase the availability of agricultural loans and to repeal the Farm Improvement Loans Act, without amendment).
The Honourable Senator Mockler moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill 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.
° ° °
The Honourable Senator Wallin, for the Chair of the Standing Senate Committee on National Security and Defence, presented its fourth report (budget—release of additional funds (study on the national security policy)).
(The report is printed as appendix "C'' at pages 888-903 (available in print format PDF))
The Honourable Senator Wallin moved, seconded by the Honourable Senator Raine, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator De Bané, 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 Programme and the meeting of the APF Parliamentary Affairs Committee, held in Fribourg, Switzerland, from March 23 to 25, 2009.—Sessional Paper No.2/ 40-470.
Presentation of Petitions
The Honourable Senator Harb presented a petition:
Of Residents of the Province of British Columbia concerning Canada's commercial seal hunt.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-39, An Act to amend the Judges Act.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Champagne, P.C., that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson, 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.
COMMITTEE OF THE WHOLE
At 3 p.m., pursuant to the orders adopted on March 24 and June 3, 2009, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to hear from the National Chief of the Assembly of First Nations, the National Chief of the Congress of Aboriginal Peoples, the President of the Inuit Tapiriit Kanatami, the President of the Metis National Council, and the President of the Native Women's Association of Canada, for the purpose of reporting on progress made on commitments endorsed by parliamentarians of both Chambers during the year following the Government's apology to former students of Indian Residential Schools, the Honourable Senator Losier- Cool in the Chair.
—In the Committee—
Pursuant to the order adopted on March 24, 2009, Mr. Phil Fontaine, National Chief of the Assembly of First Nations; Mr. Kevin Daniels, Interim National Chief of the Congress of Aboriginal Peoples; and Mr. Clément Chartier, President of the Métis National Council, were escorted to their seats in the Senate Chamber.
Debate.
Ordered, That the Committee rise, and that the Chair report that the Committee has heard the witnesses.
The sitting of the Senate resumed.
The Chair of the Committee informed the Senate that the Committee has heard the witnesses.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its eighth report entitled: Language Rights in Canada's North: Nunavut's New Official Languages Act.
(The report is printed as appendix "D'' at pages 904-963 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, 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 BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Mockler, for the third reading of Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct), as amended;
And on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Grafstein, that Bill S-4, as amended, be not now read a third time but that it be amended,
(a) in clause 7, on page 5, by adding after line 17 the following:
"(6) The Minister responsible for an entity referred to in subsection (5) that has requested a person to make a false document shall disclose or cause to be disclosed each year, in a report that is published or otherwise made available to the public, the number of times that the entity made such a request during the immediately preceding year.
(7) For the purposes of subsection (6),
(a) the Minister of Public Safety and Emergency Preparedness is the Minister responsible for the Royal Canadian Mounted Police;
(b) the Minister responsible for policing in a province is the Minister responsible for a police force constituted under the laws of that province;
(c) the Minister of National Defence is the Minister responsible for the Canadian Forces; and
(d) the Minister who has responsibility for a department or agency of the federal government or of a provincial government is the Minister responsible for that department or agency.''; and
(b) in clause 9, on page 6,
(i) by replacing line 15 with the following:
"368.2 (1) No public officer, as defined in sub-'', and
(ii) by adding after line 22 the following:
"(2) Subject to subsection (3), every public officer who commits an act that would, but for subsection (1), constitute an offence under any of sections 366 to 368.1 shall, as soon as is feasible after the commission of the act, file a written report with the appropriate senior official describing the act.
(3) A public officer who commits more than one act referred to in subsection (2) involving the same forged document is not required to make more than one report under that subsection in respect of those acts within any twelve month period.
(4) A competent authority, as defined in subsection 25.1(1), may designate senior officials for the purposes of this section.
(5) The competent authority shall include in the annual report referred to in subsection 25.3(1) the number of acts that were reported under subsection (2) to senior officials designated by the competent authority.
(6) In this section, "senior official'' means a senior official who is responsible for law enforcement and who is designated under subsection (4).'';
And on the motion in amendment of the Honourable Senator Banks, seconded by the Honourable Senator Moore, that Bill S-4, as amended, be not now read a third time but that it be amended,
(a) in clause 1, on page 2, by adding after "or any similar document,'' the following:
"or any other document, apparatus or information storage device that establishes or purports to establish the identity of a person,''; and
(b) in clause 10, on page 7, by replacing line 3 with the following:
"including, without limiting the generality of the foregoing, a fingerprint, voice print, retina''.
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question was then put on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Grafstein, that Bill S-4, as amended, be not now read a third time but that it be amended,
(a) in clause 7, on page 5, by adding after line 17 the following:
"(6) The Minister responsible for an entity referred to in subsection (5) that has requested a person to make a false document shall disclose or cause to be disclosed each year, in a report that is published or otherwise made available to the public, the number of times that the entity made such a request during the immediately preceding year.
(7) For the purposes of subsection (6),
(a) the Minister of Public Safety and Emergency Preparedness is the Minister responsible for the Royal Canadian Mounted Police;
(b) the Minister responsible for policing in a province is the Minister responsible for a police force constituted under the laws of that province;
(c) the Minister of National Defence is the Minister responsible for the Canadian Forces; and
(d) the Minister who has responsibility for a department or agency of the federal government or of a provincial government is the Minister responsible for that department or agency.''; and
(b) in clause 9, on page 6,
(i) by replacing line 15 with the following:
"368.2 (1) No public officer, as defined in sub-'', and
(ii) by adding after line 22 the following:
"(2) Subject to subsection (3), every public officer who commits an act that would, but for subsection (1), constitute an offence under any of sections 366 to 368.1 shall, as soon as is feasible after the commission of the act, file a written report with the appropriate senior official describing the act.
(3) A public officer who commits more than one act referred to in subsection (2) involving the same forged document is not required to make more than one report under that subsection in respect of those acts within any twelve month period.
(4) A competent authority, as defined in subsection 25.1(1), may designate senior officials for the purposes of this section.
(5) The competent authority shall include in the annual report referred to in subsection 25.3(1) the number of acts that were reported under subsection (2) to senior officials designated by the competent authority.
(6) In this section, "senior official'' means a senior official who is responsible for law enforcement and who is designated under subsection (4).'';
The motion in amendment was negatived, on division.
The question then being put on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Mockler, for the third reading of Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct), as amended, it was adopted.
The bill, as amended, was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
WRITTEN DECLARATION OF ROYAL ASSENT
At 5:22 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
June 11, 2009
Mr. Speaker:
I have the honour to inform you that the Honourable Rosalie Silberman Abella, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 11th day of June, 2009, at 3:56 p.m.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, June 11, 2009
An Act to amend the Customs Act (Bill S-2, Chapter 10, 2009)
An Act to amend the Arctic Waters Pollution Prevention Act (Bill C-3, Chapter 11, 2009)
An Act to amend the Cree-Naskapi (of Quebec) Act (Bill C-28, Chapter 12, 2009)
Reports of Committees
Consideration of the eighth report of the Standing Senate Committee on Legal and Constitutional Affairs, entitled: Language Rights in Canada's North: Nunavut's New Official Languages Act, presented in the Senate earlier this day.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
(Accordingly, the Senate adopted the motion that it concur in the June 4, 2008 passage of the Official Languages Act by the Legislative Assembly of Nunavut.)
Bills
Orders No. 2, 3, and 5 to 7 were called and postponed until the next sitting.
Ordered, That all remaining items on the Order Paper and Notice Paper be 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 Andreychuk:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 16, 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 Duffy:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:50 p.m. the Senate was continued until Tuesday, June 16, 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 Duffy replaced the Honourable Senator Martin (June 10, 2009).
The Honourable Senator Carstairs, P.C., replaced the Honourable Senator Fairbairn, P.C. (June 10, 2009).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Callbeck replaced the Honourable Senator Milne (June 10, 2009).
The Honourable Senator Peterson replaced the Honourable Senator Campbell (June 10, 2009).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Fox, P.C., replaced the Honourable Senator Dawson (June 10, 2009).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Mercer replaced the Honourable Senator Jaffer (June 10, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Zimmer replaced the Honourable Senator Mitchell (June 11, 2009).
The Honourable Senator Mitchell replaced the Honourable Senator Zimmer (June 10, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Pépin replaced the Honourable Senator Merchant (June 11, 2009).
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Peterson (June 11, 2009).
The Honourable Senator Keon replaced the Honourable Senator Cochrane (June 11, 2009).
The Honourable Senator Segal replaced the Honourable Senator Raine (June 11, 2009).
The Honourable Senator Raine replaced the Honourable Senator Segal (June 10, 2009).
The Honourable Senator Peterson replaced the Honourable Senator Fairbairn, P.C. (June 10, 2009).
The Honourable Senator Merchant replaced the Honourable Senator Pépin (June 10, 2009).
The Honourable Senator Cochrane replaced the Honourable Senator Keon (June 10, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Eyton replaced the Honourable Senator Stratton (June 11, 2009).
The Honourable Senator Stratton replaced the Honourable Senator Eyton (June 10, 2009).