Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 65
Tuesday, November 16, 2010
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Angus, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cowan, Dawson, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Fortin-Duplessis, Fox, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Ringuette, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stollery, 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, Charette-Poulin, Cochrane, Comeau, Cools, *Cordy, Cowan, Dawson, *Day, De Bané, Di Nino, Dickson, Downe, Duffy, Eaton, Fortin-Duplessis, Fox, *Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, *Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, *MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Mitchell, *Mockler, Moore, Munson, *Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, *Raine, Ringuette, 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
Tributes
Tribute was paid to the memory of the Honourable Dufferin Roblin, former senator, who passed away on May 30, 2010.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
2009 Annual Report on the RCMP's use of the Law Enforcement Justification Provisions pursuant the Criminal Code, R.S.C. 1985, c. C-46, s. 25.3.—Sessional Paper No. 3/40-813.
Report on the applications for ministerial review (miscarriages of justice) for the fiscal year ended March 31, 2010, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, s. 696.5.—Sessional Paper No. 3/40-814.
Report of the Correctional Investigator for the fiscal year ended March 31, 2010, pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 192.—Sessional Paper No. 3/40-815.
Report on the activities of the Courts Administration Service for the fiscal year ended March 31, 2010, pursuant to the Courts Administration Service Act, S.C. 2002, c. 8, sbs. 12(2).—Sessional Paper No. 3/40-816.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-9, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime),
And to acquaint the Senate that the Commons has passed this bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Wallace, for the third reading of Bill S-7, An Act to deter terrorism and to amend the State Immunity Act;
And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Mockler, that Bill S-7 be not now read a third time but that it be amended in clause 7,
(a) on page 4,
(i) by replacing line 33 with the following:
"Council may, at any time, set out the name of a foreign state", and
(ii) by adding after line 40 the following:
"(3) The list must be established no later than six months after the day on which this section comes into force."; and
(b) on page 5,
(i) by renumbering subsections 6.1(3) to 6.1(6) as subsections 6.1(4) to 6.1(7) and any cross-references thereto accordingly,
(ii) by replacing lines 22 to 29 with the following:
"(a) whether there are still reasonable grounds, as set out in subsection (2), for a foreign state to be set out on the list and make a recommendation to the Governor in Council as to whether the foreign state should remain set out on the list; and
(b) whether there are reasonable grounds, as set out in subsection (2), for a foreign state that is not set out on the list to be set out on the list and, if so, make a recommendation to the Governor in Council as to whether the foreign state should be set out on the list.
(8) The review does not affect the validity of the list.
(9) The Minister must complete the review", and
(iii) by adding, after line 34, the following:
"(10) Where proceedings for support of terrorism are commenced against a foreign state that is set out on the list, the subsequent removal of the foreign state from the list does not have the effect of restoring the state's immunity from the jurisdiction of a court in respect of those proceedings or any related appeal or enforcement proceedings.".
After debate,
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Wallace, for the third reading of Bill S-7, as amended, it was adopted, on division.
The bill, as amended, 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.
° ° °
Orders No. 2 to 7 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 Eaton:
That the Standing Joint Committee on the Library of Parliament be authorized to examine and report upon the expenditures set out in Parliament Vote 10 of the Supplementary Estimates (B) for the fiscal year ending March 31, 2011; and
That a message be sent to the House of Commons to acquaint that House accordingly.
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Mockler, for the second reading of Bill S-222, An Act respecting a Tartan Day.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Hubley.
° ° °
Orders No. 6 to 10 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
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.
The question being put on the motion, it was negatived on the following vote:
YEAS—POUR
The Honourable Senators
Banks, Callbeck, Chaput, Cowan, Dawson, De Bané, Downe, Fox, Furey, Harb, Hervieux-Payette, Jaffer, Joyal, Losier-Cool, Mahovlich, Massicotte, Mercer, Merchant, Mitchell, Moore, Munson, Pépin, Peterson, Poulin, Ringuette, Robichaud, Sibbeston, Smith, Stollery, Tardif, Watt, Zimmer—32
NAYS—CONTRE
The Honourable Senators
Angus, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Cools, Di Nino, Dickson, Duffy, Eaton, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, Manning, Marshall, Martin, Meighen, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Runciman, Segal, Seidman, St. Germain, Stewart Olsen, Tkachuk, Wallace, Wallin—43
ABSTENTIONS
The Honourable Senators
Nil/Aucun
° ° °
Order No. 4 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Brown, for the second reading of Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy).
After debate,
The Honourable Senator Tardif, for the Honourable Senator Campbell, 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.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
° ° °
Consideration of the fourth report of the Standing Senate Committee on Banking, Trade and Commerce, entitled: Canadians Saving for their Future: A Secure Retirement, tabled in the Senate on October 19, 2010.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the
Honourable Senator Pépin, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 6 was called and postponed until the next sitting.
° ° °
Consideration of the eighth report (interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources entitled: Facts Do Not Justify Banning Canada's Current Offshore Drilling Operations: A Senate Review In the Wake of BP's Deepwater Horizon Incident, deposited with the Clerk of the Senate on August 18, 2010.
After debate,
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld, that further debate on the
consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 8, 23, 10, 3, 13, 2, 7 (inquiries), 38, 57 (motions), 12, 21 (inquiries), 55 (motion), 16, 17 (inquiries) and 50 (motion) were called and postponed until the next sitting.
° ° °
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 Wallin moved, seconded by the Honourable Senator Di Nino, that further debate on the
inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 11 and 5 (inquiries) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE
CLERK OF THE SENATE PURSUANT
TO RULE 28(2):
Audit Report for the Office of the Auditor General for the fiscal year ended March 31, 2010, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2).—Sessional Paper No. 3/40-807.
Biennial Report of the Cree-Naskapi Commission for the year 2010, pursuant to the Cree-Naskapi (of Quebec) Act, S.C. 1984, c. 18, sbs. 171(1).—Sessional Paper No. 3/40-808.
Report of the First Nations Lands Advisory Board for the fiscal year ended March 31, 2010, pursuant to section 41.2 of the Framework Agreement on First Nation Land Management, as ratified by the First Nations Land Management Act, S.C. 1999, c. 24, sbs. 4(1).—Sessional Paper No. 3/40-809.
Amended Summary of the Corporate Plan for 2010-2014 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-810.
Interim Order Respecting Mail, Cargo and Baggage (JUS-81100-2-87-1), dated November 8, 2010, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5).—Sessional Paper No. 3/40-811.
Actuarial Report of the Superintendent of Financial Institutions on the Canada Pension Plan dated December 31, 2009, pursuant to the Canada Pension Plan Act, R.S.C., 1985, c. C-8, s. 115.—Sessional Paper No. 3/40-812.
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 5:33 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 Raine replaced the Honourable Senator Lang (November 16, 2010).
The Honourable Senator Chaput replaced the Honourable Senator Campbell (November 16, 2010).
The Honourable Senator Cowan replaced the Honourable Senator Dallaire (November 16, 2010).
The Honourable Senator Lang replaced the Honourable Senator Raine (November 15, 2010).
The Honourable Senator Patterson replaced the Honourable Senator Ataullahjan (November 12, 2010).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Chaput replaced the Honourable Senator Mercer (November 16, 2010).
Special Senate Committee on Anti-terrorism
The Honourable Senator Wallin replaced the Honourable Senator Plett (November 16, 2010).
The Honourable Senator Plett replaced the Honourable Senator Wallin (November 15, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Housakos replaced the Honourable Senator Mockler (November 16, 2010).
The Honourable Senator Patterson replaced the Honourable Senator Ataullahjan (November 16, 2010).
The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Harb (November 15, 2010).
The Honourable Senator Gerstein replaced the Honourable Senator Marshall (November 12, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Marshall replaced the Honourable Senator Raine (November 16, 2010).
The Honourable Senator Jaffer replaced the Honourable Senator Dawson (November 4, 2010).
The Honourable Senator Downe replaced the Honourable Senator Munson (November 4, 2010).
Standing Senate Committee on Human Rights
The Honourable Senator Ataullahjan replaced the Honourable Senator Marshall (November 16, 2010).
The Honourable Senator Andreychuk replaced the Honourable Senator Oliver (November 16, 2010).
The Honourable Senator Oliver replaced the Honourable Senator Andreychuk (November 15, 2010).
The Honourable Senator Marshall replaced the Honourable Senator Ataullahjan (November 15, 2010).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Rivest replaced the Honourable Senator Stewart Olsen (November 12, 2010).
The Honourable Senator Watt replaced the Honourable Senator Banks (November 4, 2010).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Greene replaced the Honourable Senator Kochhar (November 12, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Marshall replaced the Honourable Senator Manning (November 16, 2010).
The Honourable Senator Peterson replaced the Honourable Senator Day (November 15, 2010).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Stratton replaced the Honourable Senator Greene (November 16, 2010).
The Honourable Senator Greene replaced the Honourable Senator Stratton (November 15, 2010).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Poirier replaced the Honourable Senator Braley (November 12, 2010).