Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 24
Tuesday, May 4, 2010
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Boisvenu, Brazeau, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Duffy, Eaton, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Murray, Nancy Ruth, Neufeld, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Seidman, Smith, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Boisvenu, Brazeau, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Duffy, Eaton, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Murray, Nancy Ruth, Neufeld, *Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Seidman, Smith, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, 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 Petty Officer Second Class Craig Blake whose tragic death occurred yesterday 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 Order in Council P.C. 2010-556 dated April 29, 2010, concerning the Agreement on Social Security between Canada and the Republic of Macedonia, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).—Sessional Paper No. 3/40-195.
Report on the State of Inuit Culture and Society for the fiscal year 2007-2008.—Sessional Paper No. 3/40-196.
Report of the Nisga'a Final Agreement: Implementation Report for 2006-2007 and 2007-2008.—Sessional Paper No. 3/40-197.
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-9, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime).
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 Cordy tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the 2009 Annual Session, held in Edinburgh, Scotland, from November 13 to 17, 2009.—Sessional Paper No. 3/40-198.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third 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.
The Honourable Senator Greene moved, seconded by the Honourable Senator MacDonald, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That a Special Committee of the Senate be appointed to consider any matters relating to anti-terrorism that may be referred to it by the Senate from time to time;
That, notwithstanding rule 85(1)(b), the special committee comprise nine members namely the Honourable Senators Furey, Joyal, P.C., Jaffer, Marshall, Nolin, Segal, Smith, P.C., Tkachuk, and Wallin, and that four members constitute a quorum;
That the committee have power to send for persons, papers and records; to examine witnesses; to report from time to time; and to print such papers and evidence from day to day as may be ordered by the committee;
That, notwithstanding rule 92(1), the committee be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information;
That the papers and evidence received and taken and work accomplished by the Special Senate Committee on the Anti-terrorism Act and the Special Senate Committee on Anti-terrorism since the First Session of the Thirty-eighth Parliament be referred to the committee for the purposes of its work; and
That, pursuant to rule 95(3), the committee be authorized to meet on any Monday that immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Consideration of the first report of the Standing Joint Committee on the Library of Parliament (mandate of the committee and quorum), presented in the Senate on April 28, 2010.
The Honourable Senator Downe moved, seconded by the Honourable Senator Dallaire, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 7 (inquiry), 37 (motion), 6 (inquiry) and 19 (motion) were 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 Andreychuk moved, seconded by the Honourable Senator Johnson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 2 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Carstairs, P.C., calling the attention of the Senate to the Impact of Dementia on the Canadian Society.
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. 9 (inquiry), 26 (motion), 3 (inquiry), 28 (motion) and 1 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Mitchell called the attention of the Senate to the relationship between the environment and human rights.
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.
MOTIONS
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Robichaud, P.C.:
That in the opinion of the Senate, the government should establish a National Day of Remembrance and Action on Mass Atrocities on April 23 annually, the birthday of former Prime Minister Lester B. Pearson's, in recognition of his commitment to peace and international cooperation to end crimes against humanity.
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.
° ° °
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif:
That the papers and evidence received and taken and work accomplished by the Standing Senate Committee on Legal and Constitutional Affairs during its study of Bill S-210, An Act to amend the Criminal Code (suicide bombings), during the Second Session of the Thirty-ninth Parliament, and of Bill S-205, An Act to amend the Criminal Code (suicide bombings), during the Second Session of the Fortieth Parliament, be referred to the committee for the purposes of its study on Bill S-215, An Act to amend the Criminal Code (suicide bombings) during the current session.
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 Pest Management Regulatory Agency on the administration and enforcement of the Pest Control Products Act for the fiscal year ended March 31, 2009, pursuant to the Act, S.C. 2002, c. 28, sbs. 80(1).—Sessional Paper No. 3/40-189.
Report of the Canada Mortgage and Housing 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. 3/40-190.
Employment Insurance Monitoring and Assessment Report for the fiscal year ended March 31, 2009, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 3(3).—Sessional Paper No. 3/40-191.
Revised Management plan for the Saguenay-St. Lawrence Marine Park, pursuant to the Saguenay-St. Lawrence Marine Park Act, S.C. 1997, c. 37, sbs. 9(2).—Sessional Paper No. 3/40-192.
Report on Northern oil and gas for the year ended December 31, 2009, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109. —Sessional Paper No. 3/40-193.
Report of Farm Credit Canada for the fiscal year ended March 31, 2010, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 3/40-194.
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 4:28 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 Moore replaced the Honourable Senator Campbell (May 3, 2010).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Marshall replaced the Honourable Senator Segal (May 3, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Poulin replaced the Honourable Senator Zimmer (April 29, 2010).
The Honourable Senator Zimmer replaced the Honourable Senator Banks (April 29, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Jaffer replaced the Honourable Senator De BanØ, P.C. (May 3, 2010).
The Honourable Senator Stollery replaced the Honourable Senator Zimmer (April 29, 2010).
The Honourable Senator De BanØ, P.C., replaced the Honourable Senator Robichaud, P.C. (April 29, 2010).
Standing Senate Committee on Human Rights
The Honourable Senator Plett replaced the Honourable Senator Kochhar (May 3, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Chaput replaced the Honourable Senator Watt (May 3, 2010).
The Honourable Senator Watt replaced the Honourable Senator Dawson (May 3, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Plett replaced the Honourable Senator Gerstein (May 4, 2010).
The Honourable Senator Peterson replaced the Honourable Senator Eggleton, P.C. (May 3, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Day replaced the Honourable Senator Mercer (May 4, 2010).
The Honourable Senator Banks replaced the Honourable Senator Cordy (May 4, 2010).
The Honourable Senator Segal replaced the Honourable Senator Nolin (May 3, 2010).
The Honourable Senator Mercer replaced the Honourable Senator Day (May 3, 2010).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Greene replaced the Honourable Senator Oliver (May 3, 2010).
The Honourable Senator Mockler replaced the Honourable Senator Brown (May 3, 2010).
The Honourable Senator Boisvenu replaced the Honourable Senator Carignan (May 3, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Peterson replaced the Honourable Senator Dyck (May 4, 2010).
The Honourable Senator Hubley replaced the Honourable Senator Callbeck (May 4, 2010).