Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 63
Tuesday, October 27, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poy, Prud'homme, Ringuette, Rivard, Rivest, Robichaud, Segal, Seidman, Sibbeston, 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, Carignan, Carstairs, Champagne, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poy, Prud'homme, Ringuette, Rivard, Rivest, Robichaud, Segal, Seidman, Sibbeston, 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
Tributes
Tribute was paid to the memory of the Honourable Jean-Marie Poitras, former senator, whose death occurred on February 27, 2009.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Oliver presented the following:
Tuesday, October 27, 2009
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
SEVENTH REPORT
Pursuant to Rule 86(1)(f)(i), your committee is pleased to report as follows:
Changes to the Rules of the Senate take effect at the time they are adopted by the Senate. A printed consolidation containing these changes is not, however, automatically prepared when a change is adopted, and the on-line version is not immediately updated.
Instead, current practice in relation to printing updated versions of the Rules of the Senate and integrating changes into the on-line version is that a new version, containing previously approved modifications, must be approved by your committee before being tabled in the Senate. It is only when the new version is tabled that it is printed and posted on- line. To repeat, the changes contained in this updated version were approved previously by the Senate, and entered into force at that time.
This process sometimes leads to significant delays between a change to the rules being approved by the Senate and the new text appearing in printed or on-line format, with consequential inconvenience to senators and other users. To avoid such delays, your committee recommends:
1. That the Clerk of the Senate be authorized to prepare and print from time to time, as required, for tabling in the Senate by the Speaker, consolidated versions of the Rules of the Senate containing any changes approved by the Senate to that time and any minor typographical corrections.
2. That the Clerk of the Senate be authorized to update the on-line version of the Rules of the Senate from the time any change is approved by the Senate.
Respectfully submitted,
DONALD H. OLIVER
Chair
The Honourable Senator Oliver 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 Senate Public Bills
The Honourable Senator Harb presented a Bill S-243, An Act to establish and maintain a national registry of medical devices.
The bill was read the first time.
The Honourable Senator Harb moved, seconded by the Honourable Senator Mercer, 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 Andreychuk tabled the following:
Report of the Canadian NATO Parliamentary Association respecting the visit to Naples, Italy, by the Mediterranean Special Group on June 14 and 15, 2009.—Sessional Paper No. 2/40-808.
Notices of Motions
With leave of the Senate,
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Mockler:
That the Standing Senate Committee on Fisheries and Oceans have the power to sit at 5 p.m., on October 27, 2009, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:
Reply to Question No. 32, dated May 26, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the Do Not Call List. —Sessional Paper No. 2/40-809S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Inquiries
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 17 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-240, An Act respecting a national day of service to honour the courage and sacrifice of Canadians in the face of terrorism, particularly the events of September 11, 2001.
The Honourable Senator Wallin, for the Honourable Senator Tkachuk, moved, seconded by the Honourable Senator Nolin, that the bill be read the second time.
After debate,
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 19 was called and postponed until the next sitting.
° ° °
Order No. 20 was called and postponed until the next sitting.
Ordered, That, with respect to Order No. 20 (Bill S-222), rule 27(3) be suspended until the Standing Senate Committee on Energy, the Environment and Natural Resources has reported the subject-matter of the bill to the Senate.
° ° °
Order No. 21 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Cook, for the second reading of Bill S-236, An Act to amend the Canada Elections Act (election expenses).
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Gerstein.
° ° °
Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Wallace, for the second reading of Bill S-204, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Andreychuk, 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 Tkachuk, seconded by the Honourable Senator Stratton, for the second reading of Bill S-233, An Act to amend the State Immunity Act and the Criminal Code (deterring terrorism by providing a civil right of action against perpetrators and sponsors of terrorism).
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Neufeld, for the second reading of Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).
After debate,
The Honourable Senator Dyck moved, seconded by the Honourable Senator Jaffer, 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
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Hubley, that the fourth report of the Standing Senate Committee on Official Languages, entitled Reflecting Canada's Linguistic Duality at the 2010 Olympic and Paralympic Winter Games: A Golden Opportunity, Follow-up Report, tabled in the Senate on September 15, 2009, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage and Official Languages and the President of the Queen's Privy Council for Canada being identified as ministers responsible for responding to the report.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Jaffer, 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.
° ° °
Consideration of the third report of the Standing Senate Committee on Human Rights, entitled: The Public Sector Equitable Compensation Act, tabled in the Senate on June 11, 2009.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Keon, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 2, 21 (inquiries), 42, 68, 10, 8, 9, 51 (motions), 10 (inquiry), 7, 25 (motions), 17, 23 and 13 (inquiries) 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. 25 (inquiry), 86 (motion), 27 (inquiry), 58 and 73 (motions) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Tkachuk:
That the Senate refer to the Standing Committee on Rules, Procedures and the Rights of Parliament the issue of developing a systematic process for the application of the Charter of Rights and Freedoms as it applies to the Senate of Canada.
After debate,
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.
° ° °
Resuming debate on the motion of the Honourable Senator Eaton, 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 Dyck, that further debate on the motion be adjourned until the next sitting.
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 Telefilm Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the Telefilm Canada Act, R.S.C. 1985, c. C-16, sbs. 23(2).—Sessional Paper No. 2/40-800.
Report of Public Service Labour Relations Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2009, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 2/40-801.
Report of the Public Service Labour Relations Board on the administration of the Public Service Labour Relations Act for the fiscal year ended March 31, 2009, pursuant to the Act, S.C., 2003, c. 22, s. 2 ``251(2)''.—Sessional Paper No. 2/40-802.
Reports of the National Gallery of Canada for the fiscal year ended March 31, 2009, pursuant to the Access to Information Act and to the Privacy Act, R. S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 2/40-803.
Reports of the Canadian Broadcasting Corporation for the fiscal years ended March 31, 2008 and 2009, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/ 40-804.
Actuarial Report (including the cost certificate) on the Pension Plan for the Royal Canadian Mounted Police, as at March 31, 2008, and certificate of assets of the Pension Plan, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 30.—Sessional Paper No. 2/40-805.
Summaries of the Corporate Plan for 2008-2009 to 2012-2013 and of the Capital and Operating Budgets for 2008- 2009 of the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-806.
Management Plan of the Quttinirpaaq National Park of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs.11(1) and to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/40-807.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Prud'homme, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:04 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 Aboriginal Peoples
The Honourable Senator Sibbeston replaced the Honourable Senator Fairbairn, P.C. (October 26, 2009).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Sibbeston (October 26, 2009).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Oliver replaced the Honourable Senator Raine (October 23, 2009).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Peterson replaced the Honourable Senator Campbell (October 27, 2009).
The Honourable Senator Campbell replaced the Honourable Senator Peterson (October 27, 2009).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Dawson replaced the Honourable Senator Massicotte (October 26, 2009).
The Honourable Senator Prud'homme, P.C., replaced the Honourable Senator Nolin (October 23, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Downe replaced the Honourable Senator Banks (October 27, 2009).
The Honourable Senator Nolin replaced the Honourable Senator Meighen (October 23, 2009).
The Honourable Senator Moore replaced the Honourable Senator Downe (October 22, 2009).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Bryden replaced the Honourable Senator Pépin (October 27, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Mockler replaced the Honourable Senator Housakos (October 23, 2009).
The Honourable Senator Rompkey, P.C., replaced the Honourable Senator Hubley (October 22, 2009).
The Honourable Senator Fox, P.C., replaced the Honourable Senator Banks (October 22, 2009).