Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 61
Wednesday, October 21, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Neufeld, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carignan, *Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, *Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Neufeld, Nolin, Ogilvie, *Oliver, Patterson, Pépin, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Segal, Seidman, Smith, St. Germain, Stewart Olsen, 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
Some Honourable Senators made statements.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody).
The Honourable Senator Wallace moved, seconded by the Honourable Senator Carignan, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Watt moved, seconded by the Honourable Senator Baker, P.C., that Bill C- 25 be not now read a third time but that it be amended in clause 3,
(a) on page 1, by replacing line 23 with the following:
"(3.1) Despite subsection (3),
(a) if the circum''; and
(b) on page 2, by replacing line 3 with the following:
"under subsection 524(4) or (8); and
(b) if the offender is an aboriginal person, the maximums referred to in subsection (3) and paragraph (a) do not apply.''.
Debate.
Ordered, That, notwithstanding the order adopted by the Senate on February 10, 2009, the Senate continue its proceedings today beyond 4 p.m. and follow the normal adjournment procedure according to rule 6(1); and that committees of the Senate scheduled to meet today be authorized to sit even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
Bills
The Senate resumed debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Carignan, for the third reading of Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody);
And on the motion in amendment of the Honourable Senator Watt, seconded by the Honourable Senator Baker, P.C., that Bill C-25 be not now read a third time but that it be amended in clause 3,
(a) on page 1, by replacing line 23 with the following:
"(3.1) Despite subsection (3),
(a) if the circum''; and
(b) on page 2, by replacing line 3 with the following:
"under subsection 524(4) or (8); and
(b) if the offender is an aboriginal person, the maximums referred to in subsection (3) and paragraph (a) do not apply.''.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Banks, Callbeck, Chaput, Cools, Cordy, Cowan, Dawson, Day, Dyck, Fairbairn, Fraser, Grafstein, Harb, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mercer, Milne, Mitchell, Moore, Munson, Pépin, Peterson, Robichaud, Stollery, Tardif, Watt—29
NAYS
The Honourable Senators
Andreychuk, Angus, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Keon, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Neufeld, Nolin, Ogilvie, Patterson, Plett, Raine, Rivard, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—42
ABSTENTIONS
The Honourable Senators
Eggleton, Ringuette—2
The question then being put on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Carignan, for the third reading of Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody), it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:46 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 Sibbeston replaced the Honourable Senator Fairbairn, P.C. (October 21, 2009).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Tkachuk replaced the Honourable Senator Stratton (October 21, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Downe replaced the Honourable Senator Moore (October 21, 2009).
The Honourable Senator Meighen replaced the Honourable Senator Nolin (October 20, 2009).
Standing Senate Committee on Official Languages
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Neufeld (October 20, 2009).
The Honourable Senator Pépin was added to the membership of the committee (October 20, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Banks replaced the Honourable Senator Fox, P.C. (October 21, 2009).
The Honourable Senator Hubley replaced the Honourable Senator Rompkey, P.C. (October 21, 2009).
Corrigendum
(Journals of the Senate, Tuesday, October 20, 2009)
On page 1351, immediately before REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2), insert the following:
INQUIRIES
The Honourable Senator Milne called the attention of the Senate to recent developments concerning the Canadian industrial hemp industry.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Milne.