Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 9
Tuesday, March 23, 2010
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Boisvenu, Brazeau, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Johnson, Kinsella, Kochhar, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Marshall, Martin, Meighen, Mercer, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Patterson, Pépin, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, 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, Boisvenu, Brazeau, *Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, *Dawson, Day, *De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Johnson, *Keon, Kinsella, Kochhar, *Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Marshall, Martin, *Massicotte, *McCoy, Meighen, Mercer, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, *Neufeld, Nolin, Ogilvie, Patterson, Pépin, *Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, 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
The Senate observed a minute of silence in memory of Corporal Darren James Fitzpatrick who was wounded while serving his country in Afghanistan and died of his injuries on Saturday.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Letter from the President of the Treasury Board to the Leader of the Government in the Senate concerning the Supplementary Estimates (C), 2009-2010.—Sessional Paper No. 3/40-57S.
Document entitled Canada's Engagement in Afghanistan — December 2009.—Sessional Paper No. 3/40-58.
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-3, An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Murray, P.C., presented a Bill S-213, An Act to amend the International Boundary Waters Treaty Act (bulk water removal).
The bill was read the first time.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Champagne, P.C., 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-464, An Act to amend the Criminal Code (justification for detention in custody), to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Poulin, 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 Moore tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Annual Conference of the Council of State Governments, held in La Quinta, United States, from November 12 to 15, 2009. —Sessional Paper No. 3/40-59.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 62nd Annual Meeting of the Council of State Governments-West, held in Santa-Fe, United States, from October 5 to 8, 2009. —Sessional Paper No. 3/40-60.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 33rd Conference of New England Governors and Eastern Canadian Premiers, held in Saint John, New Brunswick, on September 14 and 15, 2009.—Sessional Paper No. 3/40-61.
Presentation of Petitions
The Honourable Senator Rompkey, P.C., presented a petition:
Of Residents of Grand Falls-Windsor, Newfoundland and Labrador, concerning the need to protect the pensions of Abitibi Bowater retirees.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill S-2, An Act to amend the Criminal Code and other Acts.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Stewart Olsen, that the bill be read the second time.
After debate,
The Honourable Senator Poulin moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Finley called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Comeau concerning the budget entitled, Leading the Way on Jobs and Growth, tabled in the House of Commons on March 4, 2010, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on March 9, 2010.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 10 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Lang, 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 Tardif, for the Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
Reports of Committees
Consideration of the second report of the Standing Senate Committee on Legal and Constitutional Affairs (budget—study on the review of the DNA Identification Act—power to travel), presented in the Senate on March 18, 2010.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Order No. 2 was called and postponed until the next sitting.
Other
Orders No. 3, 1, 5 and 4 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Johnson moved, seconded by the Honourable Senator Andreychuk:
That the Standing Senate Committee on Human Rights be authorized to examine and monitor issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the First Session of the Thirty-seventh Parliament be referred to the committee; and
That the committee submit its final report to the Senate no later than June 30, 2010.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Johnson moved, seconded by the Honourable Senator Eaton:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon the issue of the sexual exploitation of children in Canada, with a particular emphasis on understanding the scope and prevalence of the problem of the sexual exploitation of children across the country and in particularly affected communities;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Fortieth Parliament be referred to the committee; and
That the committee submit its final report to the Senate no later than June 30, 2010, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Johnson moved, seconded by the Honourable Senator Stratton:
That the Standing Senate Committee on Human Rights be authorized to examine issues of discrimination in the hiring and promotion practices of the Federal Public Service, to study the extent to which targets to achieve employment equity are being met, and to examine labour market outcomes for minority groups in the private sector;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the First Session of the Thirty-eighth Parliament be referred to the committee; and
That the committee submit its final report to the Senate no later than June 30, 2010.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Johnson moved, seconded by the Honourable Senator Wallin:
That the Standing Senate Committee on Human Rights be authorized to monitor the implementation of recommendations contained in the committee's report entitled Children: The Silenced Citizens: Effective Implementation of Canada's International Obligations with Respect to the Rights of Children, tabled in the Senate on April 25, 2007;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the First Session of the Thirty-eighth Parliament be referred to the committee; and
That the committee submit its final report to the Senate no later than June 30, 2010.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Johnson moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Human Rights be authorized to invite the Minister of Indian Affairs and Northern Development to appear with his officials before the committee for the purpose of updating the members of the committee on actions taken concerning the recommendations contained in the committee's report entitled A Hard Bed to lie in: Matrimonial Real Property on Reserve, tabled in the Senate November 4, 2003;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Thirty-seventh Parliament be referred to the committee; and
That the committee continue to monitor developments on the subject and submit a final report to the Senate no later than June 30, 2010.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2009, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.—Sessional Paper No. 3/40-51.
Report of the Canada Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the Canada Pension Plan Act, R.S.C. 1985, c. C-8, sbs. 117(2).—Sessional Paper No. 3/40-52.
Report on the administration of student financial assistance programs for the loan year 2007-2008, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, sbs. 20(1). —Sessional Paper No. 3/40-53.
Report of the Public Service Staffing Tribunal for the fiscal year ended March 31, 2009, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 ``110(2)'' and 13. —Sessional Paper No. 3/40-54.
Report on the operations under the Canada Water Act for the fiscal years ended March 31, 2007 and 2008, pursuant to the Act, R.S.C. 1985, c. C-11, s. 38.—Sessional Paper No. 3/40-55.
List of Commissions issued for the year 2009, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.—Sessional Paper No. 3/40-56.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:43 p.m. the Senate was continued until 2 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Demers replaced the Honourable Senator Ogilvie (March 18, 2010).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Rivard replaced the Honourable Senator Raine (March 18, 2010).
The Honourable Senator Eaton replaced the Honourable Senator Finley (March 18, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Moore replaced the Honourable Senator Campbell (March 18, 2010).
The Honourable Senator Massicotte replaced the Honourable Senator Banks (March 18, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Jaffer replaced the Honourable Senator De Bané, P.C. (March 22, 2010).
The Honourable Senator Stollery replaced the Honourable Senator Hubley (March 18, 2010).
The Honourable Senator Mahovlich replaced the Honourable Senator Zimmer (March 18, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Chaput replaced the Honourable Senator Furey (March 22, 2010).
The Honourable Senator Furey replaced the Honourable Senator Poulin (March 18, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Carstairs, P.C. (March 22, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Raine replaced the Honourable Senator Neufeld (March 23, 2010).
The Honourable Senator Neufeld replaced the Honourable Senator Ogilvie (March 23, 2010).
The Honourable Senator Ogilvie replaced the Honourable Senator Neufeld (March 22, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Lang replaced the Honourable Senator Patterson (March 23, 2010).
The Honourable Senator Manning replaced the Honourable Senator Martin (March 23, 2010).
The Honourable Senator Patterson replaced the Honourable Senator Lang (March 22, 2010).
The Honourable Senator Martin replaced the Honourable Senator Manning (March 22, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Eaton replaced the Honourable Senator Plett (March 18, 2010).