Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 35
Tuesday, June 8, 2010
2:00 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, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, 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, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stratton, 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, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, 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, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stratton, 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 Sergeant Martin Goudreault, 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 the Speaker tabled the following:
Report of the Privacy Commissioner of Canada on the application of the Personal Information Protection and Electronic Documents Act for the year 2009, pursuant to the Act, S.C. 2000, c. 5, sbs. 25(1).—Sessional Paper No. 3/40- 374.
° ° °
The Honourable Senator Comeau tabled the following:
Order Amending Schedule 2 to the Canada National Marine Conservation Areas Act together with a Report to Parliament, entitled: Gwaii Haanas National Marine Conservation Area Reserve and Haida Heritage Site, pursuant to the Act, S.C. 2002, c. 18, sbs. 7(1).—Sessional Paper No. 3/40-375.
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With leave of the Senate,
The Honourable Senator Carstairs, P.C., tabled the following:
Document entitled: Raising the Bar: A Roadmap for the Future of Palliative Care in Canada (June 2010).—Sessional Paper No. 3/40-376S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its fourth report (second interim) (2010-2011 Estimates).
(The report is printed as an appendix at pages 507-546 (available in print format PDF).)
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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.
° ° °
The Honourable Senator Ogilvie presented the following:
Tuesday, June 8, 2010
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SIXTH REPORT
Your committee, to which was referred Bill S-211, An Act respecting World Autism Awareness Day, has, in obedience to the order of reference of Tuesday, April 20, 2010, examined the said bill and now reports the same with the following amendments:
1. Preamble, page 1: Replace line 2 with the following:
"a significant number of families in Canada;".
2. Preamble, page 1: Delete lines 6 to 8.
3. Preamble, page 1: Delete lines 15 to 17.
4. Preamble, page 2: Delete lines 1 and 2.
Respectfully submitted,
KELVIN KENNETH OGILVIE
Deputy Chair
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum, 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.
° ° °
The Honourable Senator Ogilvie presented the following:
Tuesday, June 8, 2010
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SEVENTH REPORT
Your committee, to which was referred Bill S-203, An Act respecting a National Philanthropy Day, has, in obedience to the order of reference of Tuesday, April 27, 2010, examined the said bill and now reports the same with the following amendments:
1. Preamble, page 1: Replace, in the French version, line 20 with the following:
"qu'il est important de rendre hommage à".
2. Delete clause 3, page 2.
Respectfully submitted,
KELVIN KENNETH OGILVIE
Deputy Chair
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Plett, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson:
That the Order Amending Schedule 2 to the Canada National Marine Conservation Areas Act, together with the Report to Parliament entitled "Gwaii Haanas National Marine Conservation Area Reserve and Haida Heritage Site", tabled in the Senate on Tuesday, June 8, 2010, pursuant to the Canada National Marine Conservation Areas Act, S.C. 2002, c. 18, sbs. 7(1), be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources for consideration.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:
Reply to Question No. 11, dated March 3, 2010, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the North American Free Trade Agreement Technical Working Group.—Sessional Paper No. 3/40-377S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third 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 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.
° ° °
Third reading of Bill S-9, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime).
The Honourable Senator Wallace moved, seconded by the Honourable Senator Rivard, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
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.
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Order No. 3 was called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Brazeau, seconded by the Honourable Senator Lang, for the second reading of Bill S-11, An Act respecting the safety of drinking water on first nation lands.
After debate,
The Honourable Senator Banks 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 adopted.
° ° °
Orders No. 5 and 6 were called and postponed until the next sitting.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Comeau calling the attention of the Senate to the budget entitled, Leading the Way on Jobs and Growth, tabled in the House of Commons on March 4, 2010, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on March 9, 2010.
After debate,
The Honourable Senator Comeau 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
Commons Public Bills
Third 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).
The Honourable Senator Martin moved, seconded by the Honourable Senator Wallin, that the bill be read the third time.
After debate,
The Honourable Senator Dyck moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on
the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
° ° °
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 Comeau, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Order No. 3 was called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Banks, for the second reading of Bill C-311, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Neufeld, moved, seconded by the Honourable
Senator Brown, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have power to sit at 5 p.m. today, even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.
The question being put on the motion, it was adopted.
Commons Public Bills
Orders No. 5 and 6 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
Resuming debate on the motion of the Honourable Senator Gerstein, 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;
And on the motion in amendment of the Honourable Senator Day, 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 Robichaud, P.C., 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 on division.
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Orders No. 50 (motion), 3, 11, 16 and 2 (inquiries) were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Stratton:
That the Senate of Canada offers to the Canadian Forces Maritime Command, known today as the Canadian Navy and formerly known as the Royal Canadian Navy, on the occasion of its 100th anniversary, the Senate's best wishes and its most sincere expression of gratitude, appreciation and respect, and pays special tribute to the courage, competence, loyalty and determination of the men and women who served, serve and will serve under the White Ensign, the Canadian Forces Naval Jack and the Maple Leaf, always in the cause of freedom, humanity, peace and stability and always in the name of the people of Canada.
After debate,
The question being put on the motion, it was adopted.
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Orders No. 41 (motion), 1, 9, 7, 10, 15, 8, 5, 12 (inquiries) and 38 (motion) were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Segal:
That the Senate recognize and endorse July 27th annually as National Korean War Veterans Day.
After debate,
The question being put on the motion, it was adopted.
° ° °
Order No. 6 (inquiry) was called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Carstairs, P.C., called the attention of the Senate to the state of Palliative Care in Canada.
After debate,
The Honourable Senator Eaton moved, seconded by the Honourable Senator Wallin, 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 Meighen moved, seconded by the Honourable Senator Cochrane:
That, notwithstanding the Order of the Senate adopted on Wednesday, March 24, 2010, the Standing Senate Committee on Banking, Trade and Commerce, which was authorized to undertake a study of the extent to which Canadians are saving in Tax-Free Savings Accounts and registered retirement savings plans, be empowered to extend the date of presenting its final report from June 30, 2010 to December 31, 2010; and
That the Committee retain until March 31, 2011 all powers necessary to publicize its findings.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the sitting be suspended to reassemble at the call of the Chair, with a fifteen minute bell;
That committees scheduled to meet today have power to meet during this suspension, with the application of rule 95(4) being suspended in relation thereto;
That the application of rule 13(1) be suspended today; and
That, when the sitting resumes, it be either for the purpose of adjournment or to receive any messages from the House of Commons.
The question being put on the motion, it was adopted.
(Accordingly, at 5:28 p.m. the sitting was suspended.)
At 6:02 p.m. the sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton, that the bill be placed on the
Orders of the Day for a second reading at 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):
Report of the Atlantic Pilotage Authority for the fiscal year ended March 31, 2010, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 3/40-369.
Reports of Marine Atlantic Inc. for the fiscal year ended March 31, 2010, pursuant to the Access to Information Act and the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 3/40-370.
Reports of the Canadian Forces Grievance Board for the fiscal year ended March 31, 2010, 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. 3/40-371.
Report of the Judge Advocate General to the Minister of National Defence on the administration of military justice in the Canadian Forces for the fiscal year ended March 31, 2009, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 9.3(3).—Sessional Paper No. 3/40-372.
Reports of the National Defence and Canadian Forces Ombudsman for the fiscal year ended March 31, 2010, 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) and s. 73.—Sessional Paper No. 3/40-373.
ADJOURNMENT
The Honourable Senator Comeau, moved, seconded by the Honourable Senator Johnson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:03 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 Fairbairn, P.C., replaced the Honourable Senator Campbell (June 7, 2010).
The Honourable Senator Cordy replaced the Honourable Senator Hubley (June 4, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Meighen replaced the Honourable Senator Segal (June 8, 2010).
The Honourable Senator Segal replaced the Honourable Senator Meighen (June 7, 2010).
Standing Senate Committee on Official Languages
The Honourable Senator Boisvenu replaced the Honourable Senator Greene (June 7, 2010).
The Honourable Senator Greene replaced the Honourable Senator Boisvenu (June 7, 2010).