Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 65
Thursday, October 29, 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, 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, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Patterson, Pépin, Plett, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, 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, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Patterson, Pépin, Plett, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, 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
The Senate observed a minute of silence in memory of Lieutenant Justin Boyes, whose tragic death occurred yesterday while serving his country in Afghanistan.
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Stanley Haidasz, P.C., former senator, whose death occurred on August 6, 2009.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Report of the Security Intelligence Review Committee for the fiscal year ended March 31, 2009, pursuant to the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, s. 53. —Sessional Paper No. 2/40-820.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Nolin tabled the following:
Report of the Canadian NATO Parliamentary Association respecting the visit to Boston, Monterey and Livermore, United States, by the Science and Technology Committee from July 6 to 10, 2009.—Sessional Paper No. 2/40-821.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Johnson, for the second reading of Bill C-26, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime).
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 Rivard, 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. 4 was 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 16 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 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 Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
° ° °
Orders No. 18 to 25 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 6 were called and postponed until the next sitting.
Other
Orders No. 73 (motion), 1 (inquiry), 13, 67 (motions), 2, 21 (inquiries), 42, 68, 10, 8, 9, 51 (motions), 10 (inquiry), 7, 25 (motions), 17, 23, 13 and 25 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Cochrane:
That it be an instruction to the Standing Senate Committee on National Security and Defence that it adopt a motion to provide that its Subcommittee on Agenda and Procedure may only convene provided that it meets its quorum of three members and that one member from each recognized party is present.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Banks, moved, seconded by the Honourable Senator Pépin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Carstairs, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Fairbairn, Fraser, Furey, Harb, Hubley, Jaffer, Joyal, Losier-Cool, Lovelace Nicholas, McCoy, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Pépin, Poulin, Poy, Smith, Stollery, Tardif, Zimmer—33
NAYS
The Honourable Senators
Andreychuk, Angus, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Fortin-Duplessis, Frum, Gerstein, Greene, Johnson, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Nancy Ruth, Nolin, Ogilvie, Patterson, Plett, Prud'homme, Raine, Rivard, Segal, Seidman, St. Germain , Stewart Olsen, Stratton, Tkachuk, Wallace—40
ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Cochrane:
That it be an instruction to the Standing Senate Committee on National Security and Defence that it adopt a motion to provide that its Subcommittee on Agenda and Procedure may only convene provided that it meets its quorum of three members and that one member from each recognized party is present.
Pursuant to rule 67(2), a standing vote was deferred until the next sitting at 5:30 p.m., with the bells to sound at 5:15 p.m. for fifteen minutes.
° ° °
Order No. 27 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Moore:
That the Rules of the Senate be amended:
(1) In rule 86(1)(r), by deleting the words ", including veterans affairs''; and
(2) By adding, after rule 86(1)(t), the following:
"(u) The Senate Committee on Veterans Affairs, composed of twelve members, four of whom shall constitute a quorum, to which may be referred, as the Senate may decide, bills, messages, petitions, inquiries, papers and other matters relating to veterans affairs generally.''
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Stollery, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Cordy:
That notwithstanding the Order of the Senate adopted on Wednesday, March 25, 2009, and Tuesday, June 16, 2009, the Standing Committee on Rules, Procedures and the Rights of Parliament which was authorized to examine and report on the Senate committee system as established under rule 86, taking into consideration the size, mandate, and quorum of each committee; the total number of committees; and available human and financial resources, be empowered to extend the date of presenting its final report from October 30, 2009 to March 31, 2010.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Milne:
That notwithstanding the Order of the Senate adopted on Wednesday, June 17, 2009, the Standing Committee on Rules, Procedures and the Rights of Parliament which was authorized to approve in principle the installation of equipment necessary to the broadcast quality audio-visual recording of its proceedings and other approved events in the Senate Chamber and in no fewer than four rooms ordinarily used for meetings by committees of the Senate, be empowered to extend the date of presenting its final report from November 18, 2009 to March 31, 2010.
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 Wallace:
That when the Senate adjourns today, it do stand adjourned until Tuesday, November 3, 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):
Summaries of the Corporate Plan for 2009-2013 and of the Capital Budget for 2009 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 2/40-819.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:56 p.m. the Senate was continued until Tuesday, November 3, 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 (October 29, 2009).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Peterson replaced the Honourable Senator Merchant (October 29, 2009).
The Honourable Senator Fox, P.C., replaced the Honourable Senator Dawson (October 29, 2009).
The Honourable Senator Merchant replaced the Honourable Senator Peterson (October 28, 2009).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Raine replaced the Honourable Senator Neufeld (October 29, 2009).
The Honourable Senator Campbell replaced the Honourable Senator Peterson (October 28, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Lang replaced the Honourable Senator Manning (October 29, 2009).
The Honourable Senator Banks replaced the Honourable Senator Downe (October 29, 2009).
The Honourable Senator Tkachuk replaced the Honourable Senator Lang (October 29, 2009).
Standing Senate Committee on Official Languages
The Honourable Senator Brazeau replaced the Honourable Senator Fortin-Duplessis (October 29, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Housakos replaced the Honourable Senator Mockler (October 29, 2009).