Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 38
Tuesday, June 15, 2010
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of documents
The Honourable the Speaker tabled the following:
Reports of the Office of the Information Commissioner of Canada 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. 3/40-403.
° ° °
The Honourable Senator Comeau tabled the following:
Document entitled "Canada's Engagement in Afghanistan — Quarterly Report to Parliament for the Period of January 1 to March 31, 2010".—Sessional Paper No. 3/40-404.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Johnson, Chair of the Standing Senate Committee on Human Rights, tabled its second report entitled: Reflecting the Changing Face of Canada: Employment Equity in the Federal Public Service.—Sessional Paper No. 3/40-405S.
The Honourable Senator Johnson moved, seconded by the Honourable Senator Tkachuk, 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 Johnson presented the following:
Tuesday, June 15, 2010
The Standing Senate Committee on Human Rights has the honour to present its
THIRD REPORT
Your committee, to which was referred 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, has, in obedience to the order of reference of Wednesday, May 5, 2010, examined the said Bill and now reports the same with the following amendments:
1. Clause 2, page 4:
(a) Add after line 41 the following:
"(2.1) For greater certainty, for the purposes of this Act, an agreement between spouses or common-law partners includes an agreement reached through the use of traditional dispute resolution."; and
(b) Replace line 44 with the following:
"subsection (2.1), section 6, subsections 20(2), (4) and (5) and".
2. Clause 21, page 12: Replace lines 35 and 36 with the following:
"21. (1) On ex parte application by a spouse or common-law partner, a designated judge of the province in which the family home is situated may".
3. Clause 21, page 13: Replace line 14 with the following:
"the designated judge granted in accordance with the regulations.".
4. Clause 21, page 13: Replace line 34 with the following:
"interest or right in or to the family home;
(e.1) the period during which the applicant has habitually resided on the reserve; and".
5. Clause 21, page 14: Replace line 42 with the following:
"(6) either directly or, if authorized by the court in the province in which the designated judge has jurisdiction, by substituted service in the manner, under the circumstances and on the conditions prescribed by regulation. The peace officer shall inform the applicant as soon as".
6. Clause 22, page 16: Replace line 22 with the following:
"rehearing, including evidence on the collective interests of the First Nation members, on whose reserve the family home is situated, in their reserve lands.".
7. Clause 23, page 17: Replace line 11 with the following:
"any evidence presented at the hearing, including evidence on the collective interests of the First Nation members, on whose reserve the family home is situated, in their reserve lands.".
8. Clause 25, page 18:
(a) Replace line 23 with the following:
"(c) the collective interests of First Nation members in their reserve lands and the representations made by the council";
(b) Add after line 27 the following:
"(c.1) the period during which the applicant has habitually resided on the reserve;"; and
(c) Replace lines 32 and 33 with the following:
"modation that is situated on the reserve;".
9. Clause 26, page 21: Replace line 9 the following:
"(d) the collective interests of First Nation members in their reserve lands and the representations made by the council".
10. Clause 31, page 23: Replace lines 29 to 32 with the following:
"occupation of the family home to a spouse, common-law partner or survivor who is not a lessee under the lease for the family home, the spouse, common-law partner or survivor is bound by the lease".
11. New clause 50.1, page 40: Add after line 12 the following:
"50.1 (1) An order made under this Act in a divorce proceeding as defined in subsection 2(1) of the Divorce Act is deemed, for the purposes of section 21 of that Act, to be an order made under that Act.
(2) Any other order made under this Act, except under any of sections 21 to 24, may be appealed to the court exercising appellate jurisdiction over the court that made the order.".
12. Clause 57, page 43: Replace line 6 with the following:
"ings under this Act and prescribing anything that by this Act is to be prescribed.".
Respectfully submitted,
JANIS G. JOHNSON
Chair
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-34, An Act to amend the Museums Act and to make consequential amendments to other Acts, 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.
° ° °
A message was brought from the House of Commons with a Bill C-2, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia, 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.
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 Third Strategic Concept seminar: NATO's Partnerships and Beyond, held in Oslo, Norway, on January 14, 2010.—Sessional Paper No. 3/40-406.
Report of the Canadian NATO Parliamentary Association respecting its participation at the Fourth Strategic Concept seminar, held in Washington, D.C., United States, on February 22 and 23, 2010.—Sessional Paper No. 3/40- 407.
° ° °
The Honourable Senator Day tabled the following:
Report of the Canadian NATO Parliamentary Association respecting the visit of the Defence and Security Committee in Washington, D.C. and Florida, United States, from January 25 to 29, 2010.—Sessional Paper No. 3/40- 408.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
° ° °
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 Watt moved, seconded by the Honourable Senator Cordy, 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 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 Joint Meeting of the Defence and Security, Economics and Security, and Political Committees, held in Brussels, Belgium, from February 14 to 16, 2010 and its participation at the Annual Economics and Security Committee Consultation with the OECD, held in Paris, France, on February 17 and 18, 2010.—Sessional Paper No. 3/40-409.
Report of the Canadian NATO Parliamentary Association respecting its participation at the Meeting of the Standing Committee and Secretaries of Delegation, held in Memphis, United States, on March 27 and 28, 2010.—Sessional Paper No. 3/40-410.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 3 and 4 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 Johnson:
That, if the time for Senators' Statements is extended for the purpose of tributes on Wednesday, June 16, 2010 pursuant to rule 22(10), and if the Senate has not reached the end of Government Business by 4 p.m. on that day, the Senate continue sitting past 4 p.m., notwithstanding the order adopted on April 15, 2010, until the earlier of the end of Government Business or the end of the time taken for the extension of Senators' Statements for tributes.
The question being put on the motion, it was adopted.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Losier-Cool, for the adoption of the fourth report (second interim) of the Standing Senate Committee on National Finance (2010- 2011 Estimates), presented in the Senate on June 8, 2010.
The question being put on the motion, it was adopted.
° ° °
Consideration of the fifth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (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), presented in the Senate on June 9, 2010.
The Honourable Senator Angus moved, seconded by the Honourable Senator Lang, that the report be adopted.
After debate,
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-220, An Act to amend the Official Languages Act (communications with and services to the public).
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mahovlich, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, 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 and 4 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 question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Harb moved, seconded by the Honourable Senator Smith, P.C., 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.
° ° °
Orders No. 6 to 10 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Wallin, for the 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).
After debate,
The Honourable Senator Cordy, for the Honourable Senator Eggleton, P.C., moved, seconded by the Honourable
Senator Smith, 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 7 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the consideration of the fourth report of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled: GLOBE 2010 Conference: Beyond the Science, tabled in the Senate on May 27, 2010.
Debate concluded.
° ° °
Consideration of the third report (interim) of the Standing Senate Committee on Banking, Trade and Commerce entitled: Canadians Saving for their Future: A Secure Retirement, tabled in the Senate on June 10, 2010.
Debate concluded.
° ° °
Orders No. 3 to 6 were called and postponed until the next sitting.
Other
Orders No. 17 (inquiry), 50 (motion), 3, 11, 16, 2 (inquiries), 41 (motion), 1, 9, 7, 10, 15, 8, 5, 12 (inquiries), 38 (motion) and 6 (inquiry) were called and postponed until the next sitting.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-11, An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act, 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 Nolin, 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.
QUESTION OF PRIVILEGE
Pursuant to Rule 18(3), the Senate resumed consideration of the question of privilege of the Honourable Senator Fraser with respect to comments made during Question Period.
After debate,
The question of privilege was withdrawn.
INQUIRIES
The Honourable Senator Harb called the attention of the Senate to the fact that the government's lack of leadership in the face of the collapsing commercial seal hunt has failed Canadians and alienated our international trading partners.
After debate,
The Honourable Senator Watt moved, seconded by the Honourable Senator Eggleton, P.C., that further debate on
the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-24, An Act to amend the First Nations Commercial and Industrial Development Act and another Act in consequence thereof, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, 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.
MOTIONS
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator McCoy:
That it be an instruction to the committee to which Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, is referred that it divide the bill into five bills, as follows, in order that it may report on them separately:
A. Parts 1 (Amendments to the Income Tax Act and Related Acts and Regulations), 2 (Amendments in Respect of Excise Duties and Sales and Excise Taxes), 3 (Amendments in Respect of the Air Travellers Security Charge), 4 (Softwood Lumber Products Export Charge Act, 2006), 5 (Customs Tariff), 6 (Federal-Provincial Fiscal Arrangements Act), 7 (Expenditure Restraint Act), 22 (Payments to Certain Entities), and 24 (Employment Insurance Financing);
B. Part 18 (Atomic Energy of Canada Limited);
C. Parts 19 (Participant Funding Programs) and 20 (Environmental Assessment);
D. Parts 8 (Amendments Relating to Certain Governmental Bodies), 11 (Export Development Act), 15 (Canada Post Corporation Act), and 23 (Telecommunications Act); and
E. Parts 9 (Pension Benefits Standards Act, 1985), 10 (Agreement on Social Security Between Canada and the Republic of Poland — Retroactive Coming Into Force), 12 (Payment Card Networks), 13 (Financial Consumer Agency of Canada Act), 14 (Proceeds of Crime (Money Laundering) and Terrorist Financing Act), 16 (Canada Deposit Insurance Corporation Act), 17 (Federal Credit Unions), and 21 (Canada Labour Code).
After debate,
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Banks, Callbeck, Campbell, Carstairs, Chaput, Cools, Cordy, Cowan, Dawson, Day, Downe, Dyck, Eggleton, Fox, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Poulin, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Tardif, Watt, Zimmer—42
NAYS
The Honourable Senators
Andreychuk, Angus, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, St. Germain, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—51
ABSTENTIONS
The Honourable Senators
Nil
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Lang:
That the order for resuming consideration of the fourth report of the Standing Senate Committee on Energy, the Environment and Natural Resources, tabled in the Senate on May 27, 2010, be revived and placed on the Orders of the Day for the next sitting of the Senate.
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 Pacific 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. 3/40-392.
Reports of The Federal Bridge Corporation Limited 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- 393.
Reports of the Asia-Pacific Foundation of Canada 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. 3/40-394.
Report of the Chicken Farmers of Canada, together with the Auditors' Report, for the year ended December 31, 2009, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 3/40-395.
Report of the Canadian Egg Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2009, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 3/40-396.
Report of the Canadian Turkey Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2009, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 3/40- 397.
Report of the Canadian Hatching Egg Producers, together with the Auditors' Report, for the year ended December 31, 2009, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 3/40-398.
Summaries of the Corporate Plan for 2010-2011 to 2014-2015 and of the Operating and Capital Budgets for 2010- 2011 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-399.
Actuarial Report of the Office of the Superintendent of Financial Institutions on the Canada Student Loans Program dated July 31, 2009, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, s. 19.1.—Sessional Paper No. 3/40-400.
Report on the administration and enforcement of the Energy Efficiency Act for the fiscal year ended March 31, 2009, pursuant to the Act, S.C. 1992, c. 36, s. 36.—Sessional Paper No. 3/40-401.
Report of the Canada Foundation for Sustainable Development Technology (including supplements I and II), together with the Auditors' Report, for the year 2009, pursuant to the Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, sbs. 30(3).—Sessional Paper No. 3/40-402.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:02 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 Campbell replaced the Honourable Senator Dallaire (June 11, 2010).
Special Senate Committee on Anti-terrorism
The Honourable Senator Marshall replaced the Honourable Senator Patterson (June 14, 2010).
The Honourable Senator Patterson replaced the Honourable Senator Marshall (June 14, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Housakos replaced the Honourable Senator Frum (June 14, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Wallin replaced the Honourable Senator Kochhar (June 14, 2010).
The Honourable Senator Kochhar replaced the Honourable Senator Wallin (June 14, 2010).
The Honourable Senator Segal replaced the Honourable Senator Meighen (June 11, 2010).
Standing Senate Committee on Human Rights
The Honourable Senator Munson replaced the Honourable Senator Dyck (June 14, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Campbell replaced the Honourable Senator Dawson (June 11, 2010).
The Honourable Senator Dawson replaced the Honourable Senator Campbell (June 10, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Watt replaced the Honourable Senator Munson (June 11, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Callbeck replaced the Honourable Senator Chaput (June 14, 2010).
The Honourable Senator Chaput replaced the Honourable Senator Callbeck (June 11, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Peterson replaced the Honourable Senator Lang (June 11, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Di Nino replaced the Honourable Senator Plett (June 14, 2010).
The Honourable Senator Greene replaced the Honourable Senator Demers (June 14, 2010).
The Honourable Senator Callbeck replaced the Honourable Senator Fairbairn, P.C. (June 11, 2010).