Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 14
Wednesday, March 31, 2010
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Carignan, *Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, *Dawson, Day, *De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, *Keon, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, 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 Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
March 31st, 2010
Mr. Speaker:
I have the honour to inform you that the Honourable Thomas Albert Cromwell, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, will proceed to the Senate Chamber today, the 31st day of March, 2010, at 4:30 p.m., for the purpose of giving Royal Assent to certain bills.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of documents
The Honourable Senator Comeau tabled the following:
Report of Export Development Canada for the year ended December 31, 2009, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 72(2).—Sessional Paper No. 3/40-121.
Report of Exinvest Inc. for the year ended December 31, 2009, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 72(2).—Sessional Paper No. 3/40-122.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its first report (interim) entitled: Canada and Russia: Building on today's successes for tomorrow's potential.—Sessional Paper No. 3/40-123S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Wallin, 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 Government Bills
The Honourable Senator Comeau presented a Bill S-4, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Patterson, 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 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. 3/40-124.
Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace:
That committees scheduled to meet today have power to sit from 4:15 p.m., 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator Dickson, for the second reading of 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.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Greene moved, seconded by the Honourable Senator Dickson, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Poirier, seconded by the Honourable Senator Runciman:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-215, An Act to amend the Criminal Code (suicide bombings).
The Honourable Senator Frum moved, seconded by the Honourable Senator Eggleton, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Cools 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 negatived on division.
The Senate resumed debate on the motion of the Honourable Senator Frum, seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill S-215, An Act to amend the Criminal Code (suicide bombings).
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Frum moved, seconded by the Honourable Senator Eggleton, P.C., 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.
° ° °
Resuming debate on the motion of the Honourable Senator Watt, seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill S-212, An Act to amend the Excise Tax Act (tax relief for Nunavik).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Watt moved, seconded by the Honourable Senator Lovelace Nicholas, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
—————
Pursuant to rule 134(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of Her Excellency the Governor General.
After awhile, the Honourable Thomas Albert Cromwell, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, having come and being seated at the foot of the Throne.
The Honourable the Speaker commanded the Acting Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
"It is the desire of the Honourable the Deputy of Her Excellency the Governor General that they attend him immediately in the Senate Chamber.''
The House of Commons being come,
The Speaker of the House of Commons addressed the Honourable the Deputy of Her Excellency the Governor General as follows:
"May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Honour the following Bills:
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2010 (Bill C-6, Chapter 1, 2010),
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011 (Bill C-7, Chapter 2, 2010),
To which Bills I humbly request Your Honour's Assent.''
After one of the Clerks at the Table read the titles of the Bills.
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, the Honourable the Deputy of Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills.''
4:55 p.m.
The Commons withdrew.
After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.
_________
At 4:57 p.m. the sitting resumed.
—————
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 Martin:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 13, 2010, at 2 p.m.
After debate,
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 the Clerk of the Privy Council and Secretary to the Cabinet to the Prime Minister on the Public Service of Canada for the fiscal year ended March 31, 2010, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "127'' and 13. —Sessional Paper No. 3/40-102.
Reports of the Belledune Port Authority for the year ended December 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. 3/40-103.
Reports of the Hamilton Port Authority for the year ended December 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. 3/40-104.
Reports of the Nanaimo Port Authority for the year ended December 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. 3/40-105.
Reports of the Port Alberni Port Authority for the year ended December 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. 3/40-106.
Reports of the Quebec Port Authority for the year ended December 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. 3/40-107.
Reports of the Saint John Port Authority for the year ended December 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. 3/40-108.
Reports of the St. John's Port Authority for the year ended December 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. 3/40-109.
Reports of the Toronto Port Authority for the year ended December 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. 3/40-110.
Reports of the Vancouver Port Authority for the year ended December 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. 3/40-111.
Reports of the Halifax Port Authority for the year ended December 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. 3/40-112.
Reports of the Montreal Port Authority for the year ended December 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. 3/40-113.
Reports of the Prince Rupert Port Authority for the year ended December 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. 3/40-114.
Reports of the Saguenay Port Authority for the year ended December 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. 3/40-115.
Reports of the Sept-Îles Port Authority for the year ended December 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. 3/40-116.
Reports of the Thunder Bay Port Authority for the year ended December 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. 3/40-117.
Reports of the Trois-Rivières Port Authority for the year ended December 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. 3/40-118.
Reports of the Windsor Port Authority for the year ended December 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. 3/40-119.
Report on the administration and enforcement of the fish habitat protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2009, pursuant to the Act, R.S.C. 1985, c. F-14, sbs. 42.1(1).—Sessional Paper No. 3/40-120.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Mockler:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:03 p.m. the Senate was continued until Tuesday, April 13, 2010 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Moore replaced the Honourable Senator Campbell (March 31, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Housakos replaced the Honourable Senator Raine (March 31, 2010).
The Honourable Senator Frum replaced the Honourable Senator Carignan (March 31, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Zimmer replaced the Honourable Senator Mahovlich (March 30, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Runciman replaced the Honourable Senator Nancy Ruth (March 31, 2010).
The Honourable Senator Gerstein replaced the Honourable Senator Nolin (March 31, 2010).
The Honourable Senator Poulin replaced the Honourable Senator Peterson (March 31, 2010).
The Honourable Senator Peterson replaced the Honourable Senator Poulin (March 29, 2010).
The Honourable Senator Nolin replaced the Honourable Senator Gerstein (March 29, 2010).
The Honourable Senator Nancy Ruth replaced the Honourable Senator Runciman (March 29, 2010).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Stratton replaced the Honourable Senator Tkachuk (April 31, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Mercer replaced the Honourable Senator Cordy (March 31, 2010).
The Honourable Senator Rivard replaced the Honourable Senator Demers (March 30, 2010).