Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 18
Tuesday, April 20, 2010
2:00 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, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, 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, Joyal, Keon, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Marshall, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, 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, Joyal, Keon, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Marshall, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt
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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of documents
The Honourable Senator Comeau tabled the following:
Report of the Canadian Forces Provost Marshal for the year 2008.—Sessional Paper No. 3/40-157.
Report of the Military Police Complaints Commission for the year 2009, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 250.17.—Sessional Paper No. 3/40-158.
Report of the Canadian Forces Grievance Board for the year 2009, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 29.28(2).—Sessional Paper No. 3/40-159.
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-6, An Act to amend the Criminal Code and another Act.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard, 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 Nolin tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Transatlantic Forum, held in Washington, D.C., United States, on December 7 and 8, 2009. —Sessional Paper No. 3/40-160.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill S-5, An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999.
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Duffy, that the bill be read the second time.
After debate,
The Honourable Senator Tardif 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.
° ° °
Order No. 2 was called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Mercer, for the second reading of Bill S-211, An Act respecting World Autism Awareness Day.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Munson moved, seconded by the Honourable Senator Tardif, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
° ° °
Order No. 5 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Hubley, for the second reading of Bill S-202, An Act to amend the Canadian Payments Act (debit card payment systems).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Cordy, 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.
° ° °
Orders No. 7 to 12 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
° ° °
The Order was called to resume 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).
SPEAKER'S RULING
On April 15, 2010, Senator Cools rose on a point of order to question whether Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), is properly before the Senate. She asserted that the bill "offends Senate rules, the established law of Parliament and the constitutional independence of both houses.'' She noted that the bill passed the House of Commons this session based on its standing order 86.1. While recognizing the control each house has over its own proceedings, she argued that the House of Commons could not pass Bill C-268 under that particular standing order since, at the time of prorogation, a previous version of the bill had been before the Senate. As part of her argument, Senator Cools explored a range of parliamentary issues. When they spoke later, Senators Banks, Carstairs and Fraser found the points raised by Senator Cools to be intriguing.
Senator Comeau, during his intervention, questioned Senator Cools' position. He explained that, as a result of prorogation, Bill C-268 from the last session is no longer before either the Senate or the House of Commons. The Bill C-268 now before the Senate for second reading is a new bill. It was received by the Senate from the other place in this session. He also cautioned against passing judgment on how the House of Commons chooses to conduct its business. Senator Comeau did not see any breach of the Rules or the practices of the Senate, concluding that the bill is properly before us.
Honourable senators, it may be helpful to consider some larger questions related to this point of order before turning to the specifics of this case.
As honourable senators know, prorogation of Parliament is one of the prerogative powers of the Crown, exercised on the advice of the Prime Minister. Prorogation brings to an end all business before Parliament. As Erskine May, at page 274 of the 23rd edition, puts it, "The effect of a prorogation is at once to suspend all business, including committee proceedings, until Parliament shall be summoned again, and to end the sittings of Parliament.''
This does not mean, however, that business from a previous session cannot be revived in a new session. The just- cited reference to Erskine May goes on to explain that public bills can be "carried over by order from one session to another.'' Similarly, the House of Lords can carry public bills over to a new session in certain circumstances. In other words, in the United Kingdom mechanisms have been established to revive business from a previous session in a new session.
Such an approach is also followed in Canada. In the Senate, this is routinely done by the referral of papers and evidence from past sessions to committees for work in a new session. In the House of Commons, bills are regularly revived in a new session of the same Parliament, and the process has been essentially automatic for Private Members' Public Bills since 2003. Government bills are also occasionally reinstated, based on separate orders of the Commons. Practices allowing for the reinstatement of bills also exist in at least some provinces, including Alberta, Manitoba, Ontario, and Quebec. Reinstatement of bills in a new session is not an unusual feature in modern parliamentary practice.
To turn to the specific issue raised by Senator Cools, much of the debate on the point of order dealt with standing order 86.1 of the House of Commons and how it should be applied and interpreted. As honourable senators know, each house is master of its own procedure, within the bounds of the Constitution and the law. Just as honourable senators would object to the other place examining Senate procedures, it is inappropriate for the Senate to question those of the Commons. As noted in Beauchesne, sixth edition, at citation four, one of the most important privileges is the right for each Chamber "to regulate [its own] internal proceedings..., or more specifically, to establish binding rules of procedure.'' This point has been made at different times in Speaker's rulings here.
We can, however, refer to the House of Commons Journals, the official record of the decisions of the other place. For March 3, 2010, we find the following entry:
Accordingly, Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), was deemed introduced, read the first time, read the second time and referred to a committee, reported with an amendment, concurred in at report stage and read the third time and passed.
Honourable senators, this makes it clear that, at the beginning of this session, a new Bill C-268, which was identical in content and number to a bill from the last session that had died on the Senate Order Paper, was introduced in the House of Commons, read a first time, and passed all the necessary stages. The bill was, accordingly, introduced here the following day. The message accompanying the bill, as passed by the House of Commons on March 3, 2010, was in the normal form. The message stated that it was:
ORDERED,
That the Clerk do carry this Bill to the Senate, and desire their concurrence.
Based upon the already-noted principle that neither house should delve into the proceedings of the other, the Senate does not question the proceedings of the Commons, and accepts at face value a duly attested message received from that House. The Commons Journals do make clear, it must be emphasized, that the bill was introduced there on March 3. It was therefore a new bill from this session. The issue of which house had control of the bill last session is not relevant. The bill from the last session was not returned to or retrieved by the House of Commons. The same number was kept for ease of reference, as explained at page 1154 of the second edition of House of Commons Procedure and Practice.
It may be of interest for honourable senators to learn that this type of situation actually occurs quite frequently. Since the third session of the 37th Parliament at least nine bills, in addition to Bill C-268, have passed the House of Commons at the start of a session as a result of reinstatement provisions, and then proceeded immediately to the Senate. Of these bills, no less than five have received Royal Assent.
Procedures surrounding Bill C-268 thus fully respected parliamentary procedure and practice, and so debate can continue.
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 Cools moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Second reading of Bill C-232, An Act to amend the Supreme Court Act (understanding the official languages).
The Honourable Senator Tardif moved, seconded by the Honourable Senator Rivest, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the second report of the Standing Senate Committee on Fisheries and Oceans, entitled: Controlling Canada's Arctic Waters: Role of the Canadian Coast Guard, tabled in the Senate on April 15, 2010.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Smith P.C.:
That the second report of the Standing Senate Committee on Fisheries and Oceans entitled Controlling Canada's Arctic Waters: Role of the Canadian Coast Guard, tabled in the Senate on April 15, 2010, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Fisheries and Oceans, the Minister of Transport, Infrastructure and Communities, the Minister of Foreign Affairs, the Minister of Indian Affairs and Northern Development, the Minister of National Defence, the Minister of Public Safety, the Minister of the Environment, and, the Minister of Natural Resources being identified as ministers responsible for responding to the report.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon, that the debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 and 3 were called and postponed until the next sitting.
Other
Orders No. 8, 2 (inquiries), 26 (motion), 3 (inquiry), 28 (motion), 1, 5 and 4 (inquiries) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for 2007-2011 and the Capital Budget for 2007 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-147.
Summaries of the Corporate Plan for 2008-2012 and the Capital Budget for 2008 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-148.
Report of the National Arts Centre, together with the Auditor General's Report, for the fiscal year ended August 31, 2009, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2).—Sessional Paper No. 3/40-149.
Summaries of the amended Corporate Plan for 2009-2010 to 2013-2014 and of the amended Capital and Operating Budgets for 2009-2010 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-150.
Report of Ridley Terminals Inc., together with the Auditor General's Report, for the year 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 3/40-151.
Report of Ridley Terminals Inc., together with the Auditor General's Report, for the year 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 3/40-152.
Summaries of the Amended Corporate Plan for 2009-2010 to 2013-2014 and the Operating and Capital Budgets for 2009-2010 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 3/40-153.
Report of the Atlantic Pilotage Authority, together with the Auditor General's Report, for the year 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 3/40-154.
Report of the Laurentian Pilotage Authority, together with the Auditor General's Report, for the year 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 3/40-155.
Report of the Pacific Pilotage Authority, together with the Auditor General's Report, for the year 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 3/40-156.
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 5:12 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Peterson replaced the Honourable Senator Hubley (April 19, 2010).
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Sibbeston (April 15, 2010).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Ogilvie replaced the Honourable Senator Meighen (April 17, 2010).
The Honourable Senator Duffy replaced the Honourable Senator Nolin (April 17, 2010).
The Honourable Senator Mercer replaced the Honourable Senator Hubley (April 15, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Oliver replaced the Honourable Senator Frum (April 17, 2010).
The Honourable Senator St. Germain, P.C., replaced the Honourable Senator Dickson (April 17, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Housakos replaced the Honourable Senator Dickson (April 17, 2010).
The Honourable Senator Neufeld replaced the Honourable Senator Patterson (April 17, 2010).
The Honourable Senator Peterson replaced the Honourable Senator Eggleton, P.C. (April 15, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Jaffer replaced the Honourable Senator De Bané, P.C. (April 19, 2010).
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Mahovlich (April 19, 2010).
The Honourable Senator Zimmer replaced the Honourable Senator Robichaud, P.C. (April 15, 2010).
The Honourable Senator Mahovlich replaced the Honourable Senator Banks (April 15, 2010).
The Honourable Senator Downe replaced the Honourable Senator Jaffer (April 15, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Dawson replaced the Honourable Senator Fox, P.C. (April 20, 2010).
The Honourable Senator Downe replaced the Honourable Senator Fraser (April 15, 2010).
The Honourable Senator Cordy replaced the Honourable Senator Dawson (April 15, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Boisvenu replaced the Honourable Senator Runciman (April 19, 2010).
The Honourable Senator Plett replaced the Honourable Senator Neufeld (April 19, 2010).
The Honourable Senator Dawson replaced the Honourable Senator Poulin (April 19, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Patterson (April 20, 2010).
The Honourable Senator Patterson replaced the Honourable Senator Manning (April 19, 2010).
The Honourable Senator Manning replaced the Honourable Senator Marshall (April 19, 2010).
The Honourable Senator Marshall replaced the Honourable Senator Manning (April 19, 2010).
Standing Senate Committee on Official Languages
The Honourable Senator Boisvenu replaced the Honourable Senator Runciman (April 20, 2010).
The Honourable Senator Runciman replaced the Honourable Senator Boisvenu (April 19, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Plett (April 17, 2010).
The Honourable Senator Merchant replaced the Honourable Senator Dawson (April 14, 2010).