59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 41

Monday, June 21, 2010
8:00 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Baker, 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, Fairbairn, Finley, Fortin-Duplessis, Fox, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Meighen, Mercer, Mockler, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Baker, 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, Fairbairn, Finley, Fortin-Duplessis, Fox, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Meighen, Mercer, *Mitchell, Mockler, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, 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 Sergeant James Patrick Macneil 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 Senator Comeau tabled the following:

2004-2007 Annual Report of the Yukon Land Claims and Self-Government Agreements.—Sessional Paper No. 3/ 40-461.

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The Honourable the Speaker tabled the following:

Annual Reports of the Office of the Public Sector Integrity Commissioner 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. 3/40-462.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-44, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011, 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 Eaton, 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.

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A message was brought from the House of Commons with a Bill C-45, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011, 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 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Nolin, for the third reading of 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, as amended.

After debate,
In amendment, the Honourable Senator Jaffer moved, seconded by the Honourable Senator Dyck, that the bill be not now read a third time, but that it be amended:

(a) on page 5, by adding after line 17 the following:

"2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.";

(b) on page 43, by adding after line 10 the following:

"REVIEW AND REPORT

57.1 (1) Within five years after the day on which this Act receives royal assent, a comprehensive review of its provisions and operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to that House or both Houses.".

The question was put on the motion in amendment.

Pursuant to rule 67(2), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.

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Third reading of 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.

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, that the bill be read the third time.

After debate,
The question being put on the motion, it was adopted.

The bill was then read the third time and passed.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

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Orders No. 3 to 5 were called and postponed until the next sitting.

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Second reading of Bill C-13, An Act to amend the Employment Insurance Act.

The Honourable Senator Eaton moved, seconded by the Honourable Senator Gerstein, that the bill be read the second time.

After debate,
The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Eaton moved, seconded by the Honourable Senator Gerstein, 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.

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Second reading of Bill C-40, An Act to establish National Seniors Day.

The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Meighen, that the bill be read the second time.

After debate,
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Tardif, 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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Second reading of Bill C-23A, An Act to amend the Criminal Records Act.

The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Wallin, that the bill be read the second time.

After debate,
The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

The question being put on the motion, it was adopted.

Inquiries

Order No. 1 was called and postponed until the next sitting.

Motions

Order No. 16 was called and postponed until the next sitting.

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Ordered, That Motion No. 59 standing in the name of the Honourable Senator Fraser on the Notice Paper be brought forward.

MOTIONS

The Honourable Senator Wallace moved, seconded by the Honourable Senator Cochrane:

That the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit on Tuesday, June 22 and Wednesday, June 23, 2010, even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.

After debate,
The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report on transportation in Canada for the year 2009, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No. 3/40-458.

G20 2010 Interim Order Respecting the Transportation of Dangerous Goods (Into, Through or Within a Controlled Access Zone) (JUS-10000-1184), dated June 17, 2010, pursuant to the Transportation of Dangerous Goods Act, S.C. 1992, c. 9, s. 27.6.—Sessional Paper No. 3/40-459.

Reports of the Office of the Superintendent of Financial Institutions 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. 3/40-460.

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 10:49 p.m. the Senate was continued until 2 p.m. tomorrow.)

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Moore replaced the Honourable Senator Hubley (June 18, 2010).

The Honourable Senator Gerstein replaced the Honourable Senator Patterson (June 17, 2010).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Dickson replaced the Honourable Senator Raine (June 17, 2010).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Finley replaced the Honourable Senator Frum (June 17, 2010).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Marshall replaced the Honourable Senator Nolin (June 17, 2010).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Runciman replaced the Honourable Senator Raine (June 17, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Neufeld replaced the Honourable Senator Lang (June 21, 2010).

The Honourable Senator Poulin replaced the Honourable Senator Rompkey, P.C. (June 18, 2010).

The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Peterson (June 18, 2010).

The Honourable Senator Lang replaced the Honourable Senator Neufeld (June 18, 2010).

The Honourable Senator Rompkey, P.C., replaced the Honourable Senator Poulin (June 17, 2010).

The Honourable Senator Poulin replaced the Honourable Senator Chaput (June 17, 2010).

The Honourable Senator Callbeck replaced the Honourable Senator Cowan (June 17, 2010).

The Honourable Senator Peterson replaced the Honourable Senator Losier-Cool (June 17, 2010).