Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 15
Tuesday, April 13, 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, Carstairs, Champagne, Chaput, Comeau, Cools, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Patterson, Pépin, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, 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, Comeau, Cools, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, *Neufeld, Patterson, Pépin, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, 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 Senate observed a minute of silence in memory of Private Tyler William Todd whose tragic death occurred while serving his country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Copy of Health Canada's Proposal to Parliament for User Fees and Service Standards for Human Drugs and
Medical Devices Programs, dated April 2010, pursuant to the User Fees Act, S.C. 2004, c. 6, sbs. 4(2).—Sessional
Paper No. 3/40-136.
(Pursuant to rule 28(3.1), this document is deemed referred to the Standing Senate Committee on Social Affairs, Science
and Technology)
° ° °
The Honourable the Speaker tabled the following:
Special Report to Parliament of the Information Commissioner entitled: Out of Time: 2008-2009 Report Cards and Systemic Issues Affecting Access to Information in Canada, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 39. —Sessional Paper No. 3/40-137.
° ° °
The Honourable Senator Comeau tabled the following:
Report by Export Development Canada entitled: 2010-2014 Corporate Plan Summary.—Sessional Paper No. 3/40- 138.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Andreychuk tabled the following (Sessional Paper No. 3/40-139S):
Tuesday, April 13, 2010
The Standing Senate Committee on Foreign Affairs and International Trade has the honour to table its
SECOND REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104 (2), that the expenses of your committee during the Second Session of the Fortieth Parliament were as follows:
1) With respect to its special study on the rise of China, India and Russia in the global economy and the implications for Canadian policy:
Professional and Other Services $ 21,314 Transportation and Communications 211,402 All other expenditures 758 Witness Expenses 3,157 TOTAL $ 236,631
2) With respect to its special study on the 2008 Legislative Review of Export Development Canada:
Professional and Other Services $ 850 All other expenditures — Witness Expenses 802 TOTAL $ 1,652
In addition to the expenses for the examination of legislation and for its special studies as set out above, your committee incurred general postal charges in the amount of $23.
During the session under consideration, in addition to the orders of reference mentioned above, your committee received an order of reference to examine such issues that may arise from time to time relating to Foreign relations generally, for which no expense was incurred. Furthermore, the committee was referred two bills for which no expense was incurred.
Your committee held 33 meetings and heard more than 40.9 hours of testimony from 73 witnesses. In total, 10 reports were produced.
Respectfully submitted,
RAYNELL ANDREYCHUK
Chair
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-232, An Act to amend the Supreme Court Act (understanding the official languages), 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 Rivest, 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 Tardif tabled the following:
Report of the Canadian Section of the Canada-France Inter-Parliamentary Association respecting its participation at the Meeting of the Standing Committee, held in Paris, France, from February 15 to 17, 2010.—Sessional Paper No. 3/40-140.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of 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 Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the bill be read the second time.
After debate,
The Honourable Senator Cowan 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.
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 Eaton, 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
Order No. 1 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-211, An Act respecting World Autism Awareness Day.
The Honourable Senator Munson moved, seconded by the Honourable Senator Mercer, that the bill be read the second time.
After debate,
The Honourable Senator Seidman moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 to 7 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-203, An Act respecting a National Philanthropy Day.
The Honourable Senator Mercer moved, seconded by the Honourable Senator Chaput, that the bill be read the second time.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Chaput, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 9 to 11 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Other
Order No. 1 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Finley, calling the attention of the Senate to the issue of the erosion of Freedom of Speech in our country.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that further debate on the inquiry 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 Segal, seconded by the Honourable Senator Nolin:
That the Senate approve in principle the installation of equipment necessary for 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;
That for the purposes set out in the following paragraph, public proceedings of the Senate and of its Committees be recorded by this equipment, subject to policies, practices and guidelines approved from time to time by the Standing Committee on Internal Economy, Budgets and Administration (``the Committee'');
That proceedings categorized according to subjects of interest be prepared and made available for use by any television broadcaster or distributor of audio-visual programs, subject to the terms specified in any current or future agreements between the Senate and that broadcaster or distributor;
That such selected proceedings also be made available on demand to the public on the Parliamentary Internet;
That the Senate engage by contract a producer who shall, subject only to the direction of that Committee, make the determination of the program content of the proceedings of the Senate and of its committees on a gavel to gavel basis;
That equipment and personnel necessary for the expert preparation and categorization of broadcast-quality proceedings be secured for these purposes; and
That the Committee be instructed to take measures necessary to the implementation of this motion.
After debate,
In amendment, the Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that the matter now before the Senate be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for study; and
That the committee submit its final report no later than September 15, 2010.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Cowan, calling the attention of the Senate to the issues relating to realistic and effective parliamentary reform.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 5 and 4 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Nancy Ruth:
That the Senate
(a) recognize the danger posed by the proliferation of nuclear materials and technology to peace and security;
(b) endorse the statement, signed by 500 members, officers and companions of the Order of Canada, underlining the importance of addressing the challenge of more intense nuclear proliferation and the progress of and opportunity for nuclear disarmament;
(c) endorse the 2008 five point plan for nuclear disarmament of Mr. Ban Ki-moon, Secretary-General of the United Nations and encourage the Government of Canada to engage in negotiations for a nuclear weapons convention as proposed by the United Nations Secretary-General;
(d) support the recent initiatives for nuclear disarmament of President Obama of the United States of America;
(e) commend the decision of the Government of Canada to participate in the landmark Nuclear Security Summit in Washington, D.C., in April, 2010 and encourage the Government of Canada to deploy a major world-wide Canadian diplomatic initiative in support of preventing nuclear proliferation and increasing the rate of nuclear disarmament; and
That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.
After debate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Losier-Cool, 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):
Order amending Schedule I to the Hazardous Products Act (bisphenol A), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1). —Sessional Paper No. 3/40-125.
Reports of the Canadian Tourism Commission 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. 3/40-126.
Report of the Governor of the Bank of Canada and Statement of Accounts, together with the Auditors' Report, for the year ended December 31, 2009, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 3/40-127.
Report on operations under the Bretton Woods and Related Agreements Act for the year 2009, pursuant to the Act, R.S.C. 1985, c. B-7, s. 13.—Sessional Paper No. 3/40-128.
Report on operations under the European Bank for Reconstruction and Development Agreement Act for the year 2009, pursuant to the Act, S.C. 1991, c. 12, s. 7.—Sessional Paper No. 3/40-129.
Reports of the Canada Post Corporation 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. 3/40-130.
Report on the administration of the Royal Canadian Mounted Police Superannuation Account, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31.—Sessional Paper No. 3/40-131.
Report of the Canada Development Investment Corporation, together with the Auditor General's Report, for the year ended December 31, 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 3/40-132.
Summaries of the amended Corporate Plan for 2010-2014 and of the Capital Budget for 2010 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-133.
Report of the Great Lakes Pilotage Authority, together with the Auditor General's Report, for the year ended December 31, 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 3/40-134.
Summaries of the Corporate Plan for 2010-2014 and the Operating and Capital Budgets for 2010 of the Great Lakes Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-135.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Seidman:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:11 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 Fairbairn, P.C., replaced the Honourable Senator Sibbeston (April 12, 2010).
The Honourable Senator Campbell replaced the Honourable Senator Moore (April 6, 2010).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Wallin replaced the Honourable Senator Plett (April 12, 2010).
The Honourable Senator Demers replaced the Honourable Senator Ogilvie (April 12, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Mockler replaced the Honourable Senator Rivard (April 13, 2010).
The Honourable Senator Oliver replaced the Honourable Senator Seidman (April 8, 2010).
The Honourable Senator St. Germain, P.C., replaced the Honourable Senator Plett (April 8, 2010).
The Honourable Senator Greene replaced the Honourable Senator Di Nino (April 8, 2010).
The Honourable Senator Di Nino replaced the Honourable Senator Greene (March 31, 2010).
The Honourable Senator Plett replaced the Honourable Senator St. Germain, P.C. (March 31, 2010).
The Honourable Senator Seidman replaced the Honourable Senator Oliver (March 31, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Dickson replaced the Honourable Senator Neufeld (April 12, 2010).
The Honourable Senator Dyck replaced the Honourable Senator Peterson (April 12, 2010).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Marshall replaced the Honourable Senator Cochrane (April 12, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Banks replaced the Honourable Senator Mahovlich (April 13, 2010).
The Honourable Senator Wallin replaced the Honourable Senator Plett (April 9, 2010).
The Honourable Senator Jaffer replaced the Honourable Senator Downe (April 7, 2010).
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Jaffer (April 7, 2010).
The Honourable Senator Mahovlich replaced the Honourable Senator Zimmer (April 6, 2010).
The Honourable Senator Downe replaced the Honourable Senator Robichaud, P.C. (April 6, 2010).
The Honourable Senator Plett replaced the Honourable Senator Wallin (March 31, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Fraser replaced the Honourable Senator Downe (April 8, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Chaput replaced the Honourable Senator Carstairs, P.C. (April 8, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Greene replaced the Honourable Senator Dickson (April 12, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Tkachuk replaced the Honourable Senator Meighen (April 9, 2010).
Standing Senate Committee on Official Languages
The Honourable Senator Rivard replaced the Honourable Senator Mockler (April 13, 2010).
The Honourable Senator Greene replaced the Honourable Senator Boisvenu (April 12, 2010).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Boisvenu replaced the Honourable Senator Ogilvie (April 12, 2010).
The Honourable Senator Tkachuk replaced the Honourable Senator Stratton (April 12, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Demers replaced the Honourable Senator Rivard (April 9, 2010).
The Honourable Senator Cordy replaced the Honourable Senator Mercer (April 6, 2010).
Standing Senate Committee on Transport and Communications
The Honourable Senator Wallin replaced the Honourable Senator Plett (April 12, 2010).