Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 77
Thursday, December 3, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Baker, Brown, Carignan, Carstairs, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Mercer, Merchant, Milne, Mitchell, Mockler, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, 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, Baker, Brown, Carignan, Carstairs, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Mercer, Merchant, Milne, Mitchell, Mockler, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, 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 the victims of the tragedy at the École Polytechnique in Montreal, which occurred 20 years ago on December 6, 1989.
SENATORS' STATEMENTS
Pursuant to rule 43(7), the Honourable Senator Cools gave notice that she would raise a question of privilege regarding a press release dated December 2, 2009 and entitled "Human Trafficking Charges on International Day for the Abolition of Slavery''.
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Fraser presented the following:
Thursday, December 3, 2009
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWELFTH REPORT
Your committee, to which was referred Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, has, in obedience to the order of reference of Thursday, September 17, 2009, examined the said Bill and now reports the same with the following amendments:
1. Page 2, clause 1: Replace lines 2 to 5 with the following:
"designated substance offence within the previous 10 years and served a term of imprisonment of one year or more for that offence, or''.
2. Page 4, clause 3:
(a) delete lines 1 to 4; and
(b) renumber subparagraphs (ii) to (vi) as subparagraphs (i) to (v), and any cross references thereto accordingly.
3. Page 5, clause 4: Replace lines 11 to 18 with the following:
"8.1 (1) On two occasions, within two years and five years respectively after this section comes into force, a comprehensive review of the provisions and operation of the Act, including a cost benefit analysis of mandatory minimum sentences, shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established for that purpose.''.
4. Page 6, clause 5: Add after line 9 the following:
"(6) The court is not required to impose a minimum punishment of imprisonment if it is satisfied that
(a) the person to be sentenced is an aboriginal offender;
(b) the sentence would be excessively harsh because of the offender's circumstances; and
(c) another sanction is reasonable in the circumstances and available.
(7) If, under subsection (6), the court decides not to impose a minimum punishment, it shall give reasons for that decision.''.
Respectfully submitted,
JOAN FRASER
Chair
The Honourable Senator Fraser moved, seconded by the Honourable Senator Fox, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Andreychuk tabled the following:
Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting its participation at the 55th Commonwealth Parliamentary Conference, held in Arusha, Tanzania, from September 28 to October 6, 2009.—Sessional Paper No. 2/40-885.
Presentation of Petitions
The Honourable Senator Nolin presented petitions:
Of Residents of the Province of British Columbia concerning Bill C-15.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its twelfth report (Bill C-6, An Act respecting the safety of consumer products, with amendments).
(The report is printed as an appendix at pages 1539-1945.)
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Robichaud, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-36, An Act to amend the Criminal Code.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Tkachuk, that the bill be read the second time.
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.
Inquiries
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 22 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 3 were called and postponed until the next sitting.
Other
Orders No. 98, 68 (motions), 30, 10 (inquiries), 13, 67, 51, 25, 8 (motions), 21 (inquiry), 42, 93, 94, 9, 7 (motions), 1, 27 (inquiries), 58, 73 (motions) and 2 (inquiry) were called and postponed until the next sitting.
Ordered, That Order No. 73 (motion) be again called.
Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Ringuette:
That the Standing Senate Committee on National Finance be authorized to examine the state of the pension system in Canada in view of evidence that approximately five million Canadians may not have enough savings for retirement purposes;
In particular, the Committee shall be authorized to examine:
(a) Old Age Security/Guaranteed Income Supplement;
(b) Canada Pension Plan/Quebec Pension Plan;
(c) Private Savings — includes employer-sponsored pension plans, Registered Retirement Savings Plans (RRSPs), and other investments and savings;
That the study be national in scope, and include proposed solutions, with an emphasis on collaborative strategies involving federal and provincial governments; and
That the committee submit its final report no later than November 30, 2009, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
After debate,
In amendment, the Honourable Senator Di Nino moved, seconded by the Honourable Senator Mockler, that the motion be not now adopted, but that it be amended:
(a) by replacing the words "National Finance'' with the words "Social Affairs, Science and Technology''; and
(b) by replacing the words "November 30, 2009'' with the words "June 30, 2010''.
After debate,
The Honourable Senator Mockler moved, seconded by the Honourable Senator Oliver, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
QUESTION OF PRIVILEGE
Pursuant to rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Cools regarding a press release dated December 2, 2009 and entitled "Human Trafficking Charges on International Day for the Abolition of Slavery''.
After debate,
The Speaker reserved his decision.
With leave of the Senate,
The Honourable Senator Cools tabled the following:
Press release by Mr. Benjamin Perrin entitled "Human Trafficking Charges on International Day for the Abolition of Slavery'', dated December 2, 2009 (English text).—Sessional Paper No. 2/40-886S.
INQUIRIES
The Honourable Senator Losier-Cool called the attention of the Senate to violence against women, its root causes, and possible solutions.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Lovelace Nicholas, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the Government of Canada make the issue of maternal and child health a priority topic of G8/G20 discussions at the meetings scheduled in Canada in Spring 2010 in order that nations work in a united way to increase investments aimed at reducing global maternal and newborn morbidity and mortality.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Mahovlich, that further debate on the motion be adjourned until the next sitting.
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 Gerstein:
That when the Senate adjourns today, it do stand adjourned until Tuesday, December 8, 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 Plett:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:50 p.m. the Senate was continued until Tuesday, December 8, 2009, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Peterson replaced the Honourable Senator Merchant (December 3, 2009).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Munson replaced the Honourable Senator Watt (December 2, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Stratton replaced the Honourable Senator Nolin (December 3, 2009).
The Honourable Senator Carstairs, P.C., replaced the Honourable Senator Banks (December 3, 2009).
The Honourable Senator Mercer replaced the Honourable Senator Campbell (December 3, 2009).
The Honourable Senator Lang replaced the Honourable Senator Angus (December 3, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Mahovlich replaced the Honourable Senator Callbeck (December 3, 2009).
The Honourable Senator Finley replaced the Honourable Senator Dickson (December 2, 2009).
The Honourable Senator Rivard replaced the Honourable Senator Carignan (December 2, 2009).
The Honourable Senator Merchant replaced the Honourable Senator De Bané, P.C. (December 2, 2009).
The Honourable Senator Dawson replaced the Honourable Senator Chaput (December 2, 2009).
The Honourable Senator Dickson replaced the Honourable Senator Finley (December 2, 2009).
The Honourable Senator Neufeld replaced the Honourable Senator Lang (December 2, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Nolin replaced the Honourable Senator Keon (December 3, 2009).