Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 34
Thursday, June 3, 2010
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Champagne, Chaput, Cochrane, Comeau, Cordy, Cowan, Dawson, Day, Demers, Di Nino, Dickson, Downe, Eaton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Peterson, Plett, Poirier, Poy, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, St. Germain, Stewart Olsen, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Champagne, Chaput, Cochrane, Comeau, Cordy, Cowan, Dawson, Day, Demers, Di Nino, Dickson, Downe, Eaton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, *Hubley, Jaffer, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mockler, Moore, Munson, *Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, *Patterson, Pépin, Peterson, Plett, Poirier, Poy, Ringuette, Rivard, Rivest, Robichaud, *Rompkey, Runciman, Segal, Seidman, Sibbeston, St. Germain, Stewart Olsen, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of documents
The Honourable Senator Comeau tabled the following:
Certificate of Nomination and biographical notes of Suzanne Legault, the nominee for the position of Information Commissioner.—Sessional Paper No. 3/40-366.
° ° °
The Honourable the Speaker tabled the following:
Report of the Interim Information Commissioner for the period ending March 31, 2010, pursuant to the Access to Information Act, R.S.C., 1985, c. A-1, s. 38.—Sessional Paper No. 3/40-367.
° ° °
With leave of the Senate,
The Honourable Senator Kinsella tabled the following:
Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to Albania, Italy, Sovereign Military Order of Malta, Holy See and Malta, from October 11 to 18, 2009.—Sessional Paper No. 3/ 40-368S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Dawson, Chair of the Standing Senate Committee on Transport and Communications, presented its third report (Bill S-5, An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999, without amendment).
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its sixth report (Bill S-9, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime), without amendment).
The Honourable Senator Wallace moved, seconded by the Honourable Senator Rivard, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Ogilvie, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fifth report (Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years), without amendment).
The Honourable Senator Martin moved, seconded by the Honourable Senator Braley, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
SPEAKER'S RULING
After Question Period on Thursday, May 13, 2010, Senator Tardif rose on a point of order respecting an intervention during Senators' Statements earlier in the sitting. That statement had referred to a line of questions put to the Leader of the Government during Question Period the previous day. Senator Tardif argued that it is unfair to make statements of this type, since Senators' Statements is not a period for debate.
Senator Comeau, on the other hand, did not see that there was a valid point of order. He noted that the statement being challenged had not anticipated an Order of the Day. When Senator Cools spoke, she quoted rule 22(4), and explained that it envisions a period of time during which senators can highlight particular events, but interventions are still subject to the normal rules about the content of speeches. Statements, Senator Cools urged, should be of a positive nature.
As was noted by all three senators who spoke on this point of order, there have been several rulings in recent years dealing with Senators' Statements. I invite all honourable senators to review those decisions and to consider how we can best use this period of the sitting. Since the Senate remains a largely self-regulating chamber, each of us must assume responsibility for the maintenance of order and decorum.
Rule 22(4), requires that a matter raised during Senators' Statements must be one the senator considers should be brought to the urgent attention of the Senate. The rule also requires that the issue be one of ``public consequence'' that cannot be raised through other means. This gives senators considerable freedom in determining issues to raise as statements.
The rule does, however, also impose some limits on statements. First, a statement must not anticipate any Order of the Day. Second, matters raised during statements are not to be the subject of debate. Finally, statements must respect the usual rules governing the propriety of debate, which would include rule 51 prohibiting ``personal, sharp or taxing speeches.'' When framing their statements, honourable senators should be aware of these limitations, which are built into the very structure of rule 22(4).
In practice, Senators' Statements are normally used to comment on events, accomplishments, or anniversaries that the senator giving the statement views as important. This includes, for example, paying tributes or offering congratulations to distinguished Canadians or international figures.
I again ask all honourable senators to remember that this chamber functions best when its business proceeds in a courteous and dignified manner. All honourable senators have a part to play in ensuring that this continues to be the case; they should show care in framing remarks, to ensure a useful and respectful exchange of ideas and information, without giving offence. The possibility of using the caucuses and the usual channels for consultations to address the appropriate topics for statements has been raised in the past, and could again be used to ensure that there is a clear understanding of the purpose of Senators' Statements.
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-219, An Act to amend the Canada Post Corporation Act (rural postal services and the Canada Post Ombudsman).
The Honourable Senator Peterson moved, seconded by the Honourable Senator Lovelace Nicholas, that the bill be read the second time.
After debate,
The Honourable Senator Di Nino 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.
° ° °
Orders No. 2 to 8 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Lapointe, for the second reading of Bill S-217, An Act to establish and maintain a national registry of medical devices.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator LeBreton, P.C., that further debate
on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Rivest, for the second reading of Bill C-232, An Act to amend the Supreme Court Act (understanding the official languages).
After debate,
The Honourable Senator Meighen moved, seconded by the Honourable Senator LeBreton, P.C., that further debate
on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 5 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Orders No. 3, 11, 16, 2 (inquiries), 19, 41 (motions), 1, 9, 7, 10, 15, 8, 5, 12 (inquiries), 38, 37 (motions) and 6 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Gerstein:
That notwithstanding the Order of the Senate adopted on Tuesday, March 16, 2010, the date for the presentation of the final report by the Standing Senate Committee on Foreign Affairs and International Trade on the rise of Russia, India and China in the global economy and the implications for Canadian policy be extended from June 30, 2010 to December 31, 2010 and that the committee retain all powers necessary to publicize its findings until March 31, 2011.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton:
That, until June 30, 2010, for the purposes of any study of a bill, the subject-matter of a bill or estimates, the Standing Senate Committee on National Finance:
(a) have power to sit even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto; and
(b) be authorized, pursuant to rule 95(3)(a), to sit from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
In amendment, the Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, that the
motion be amended by replacing the words "June 30, 2010" with the words "July 31, 2010".
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Banks, that further debate on the
motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Finley moved, seconded by the Honourable Senator Greene:
That the Senate condemns last Friday's barbaric attacks on worshippers at two Ahmadiyya Mosques in Lahore, Pakistan;
That it expresses its condolences to the families of those injured and killed; and
That it urges the Pakistani authorities to ensure equal rights for members of minority communities, while ensuring that the perpetrators of these horrendous attacks are brought to justice.
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.
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 Tkachuk:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 8, 2010, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Climate Change Plan for 2010, pursuant to the Kyoto Protocol Implementation Act, S.C. 2007, c. 30, sbs. 5(4).—Sessional Paper No. 3/40-365.
ADJOURNMENT
The Honourable Senator Comeau, moved, seconded by the Honourable Senator LeBreton, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:40 p.m. the Senate was continued until Tuesday, June 8, 2010, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Raine replaced the Honourable Senator Eaton (June 3, 2010).
The Honourable Senator Hubley replaced the Honourable Senator Peterson (June 3, 2010).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Duffy replaced the Honourable Senator Kochhar (June 3, 2010).
The Honourable Senator Kochhar replaced the Honourable Senator Duffy (June 2, 2010).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Downe replaced the Honourable Senator Hubley (June 3, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Campbell replaced the Honourable Senator Dawson (June 3, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Carstairs, P.C., replaced the Honourable Senator Robichaud, P.C. (June 3, 2010).
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Carstairs, P.C. (June 3, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Dyck replaced the Honourable Senator Banks (June 3, 2010).
The Honourable Senator Callbeck replaced the Honourable Senator Munson (June 3, 2010).
The Honourable Senator Munson replaced the Honourable Senator Fox, P.C. (June 3, 2010).
The Honourable Senator Fox, P.C., replaced the Honourable Senator Callbeck (June 3, 2010).
The Honourable Senator Banks replaced the Honourable Senator Dyck (June 3, 2010).
Standing Senate Committee on Transport and Communications
The Honourable Senator MacDonald replaced the Honourable Senator Comeau (June 3, 2010).
The Honourable Senator Frum replaced the Honourable Senator Meighen (June 3, 2010).
The Honourable Senator Comeau replaced the Honourable Senator MacDonald (June 2, 2010).