59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 52

Wednesday, September 29, 2010
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Marshall, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Harb, Hervieux-Payette, *Housakos, Hubley, Jaffer, Johnson, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, *Manning, Marshall, *Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, *Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stewart Olsen, 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

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Comeau tabled the following:

2009-2010 Annual Report by Canadian Commercial Corporation entitled: Leadership and Growth.—Sessional Paper No. 3/40-679.

Government Notices of Motions

With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:

That when the Senate adjourns today, it do stand adjourned until Tuesday, October 5, 2010, at 2 p.m.

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

ORDERS OF THE DAY

A point of order was raised with respect to a question posed during Question Period.

Debate.

SPEAKER'S RULING

Honourable senators, I think the point of order that was raised has been well canvassed. I am prepared to rule that Question Period was conducted by honourable senators in the manner consistent with the Rules of the Senate.

As you know, rule 24 provides that when the Speaker calls the Question Period, a senator may, without notice, address an oral question to the chair of a committee if it is a question relating to the activities of that committee.

As I heard the question raised and put to the chair of the Standing Senate Committee on National Security and Defence, I did not interrupt the matter because I thought it was a legitimate question asked with a legitimate answer provided.

I will point out that in terms of answering a question, of replies to oral questions, as Speaker Jerome summarized in his 1975 statement on Question Period, several types of responses may be appropriate. Ministers— and this would also apply to chairs of committees— may: answer the question, defer their answer, take the question as notice, make a short explanation as to why they cannot furnish an answer at that time or say nothing.

Honourable senators, I think that the question that was put by the Honourable Senator Banks to the chair of our Standing Senate Committee on National Security and Defence was very much in order, and that is why the chair did not intervene and all honourable senators conducted themselves consistent with the rules.

However, regrettably, your chair was in error, and he apologizes, for I ought not to have allowed the question of the Honourable Senator Downe to the chair of the subcommittee because the subcommittee reports to this house through the chair of the committee. Therefore, I apologize for my lack of attention.

I found that the question that was being posed to the chair of the Rules Committee had not been put. No judgment was made on it. I intervened because I wanted to maintain the flow of business.

However, should at any time there be a desire to have the Rules Committee look at the rule, then that is up to the house to decide.

GOVERNMENT BUSINESS

Bills

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

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Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Meighen, for the second reading of Bill C-40, An Act to establish National Seniors Day.

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 Social Affairs, Science and Technology.

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 Wallace, seconded by the Honourable Senator Mockler, for the second reading of Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts.

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

The bill was then read the second time, on division.

The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler, 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.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 6 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Peterson, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-219, An Act to amend the Canada Post Corporation Act (rural postal services and the Canada Post Ombudsman).

After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Plett, 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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Orders No. 8 and 9 were called and postponed until the next sitting.

Commons Public Bills

Orders No. 1 to 5 were called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 8 were called and postponed until the next sitting.

Other

Orders No. 5 (inquiry), 41 (motion), 8, 2 and 10 (inquiries) were called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the need to adequately support new mothers and fathers by eliminating the Employment Insurance two-week waiting period for maternity and parental benefits.

After debate,
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Day, that further debate on the inquiry be adjourned until the next sitting.

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

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Orders No. 15, 12 (inquiries), 38 (motion), 13 (inquiry), 57 (motion), 7, 18, 17 (inquiries), and 50 (motion) were called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Cowan, calling the attention of the Senate to the issues relating to realistic and effective parliamentary reform.

After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.

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

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Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to the online presence and website of the Senate.

After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Lang, that further debate on the inquiry be adjourned until the next sitting.

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

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Resuming debate on the inquiry of the Honourable Senator Comeau, calling the attention of the Senate to the career of the Honourable Senator Keon in the Senate and his many contributions in service to Canadians.

After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Wallace, that further debate on the inquiry be adjourned until 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 Defence Construction (1951) Limited, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No.3/40-678.

DECLARATIONS OF PRIVATE INTERESTS

Pursuant to subsection 12(1) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:

—By written declaration, dated September 28, 2010, in the Standing Senate Committee on Banking, Trade and Commerce, the Honourable Senator Meighen (Bills S-214 and S-216).

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 2:34 p.m. the Senate was continued until Tuesday, October 5, 2010 at 2 p.m.)

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

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Poirier replaced the Honourable Senator Mockler (September 29, 2010).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Marshall replaced the Honourable Senator Greene (September 29, 2010).

Standing Senate Committee on Human Rights

The Honourable Senator Di Nino replaced the Honourable Senator Andreychuk (September 29, 2010).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator De Bané, P.C., replaced the Honourable Senator Watt (September 29, 2010).

The Honourable Senator Cowan replaced the Honourable Senator Joyal, P.C. (September 29, 2010).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Dickson replaced the Honourable Senator Eaton (September 28, 2010).

The Honourable Senator Patterson replaced the Honourable Senator Martin (September 28, 2010).