Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 69
Wednesday, November 24, 2010
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Frum, Furey, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, 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, Ataullahjan, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, *Fraser, Frum, Furey, Greene, Harb, *Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, 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 Senator Comeau tabled the following:
Certificate of Nomination of Jennifer Stoddart, the nominee for the position of Privacy Commissioner.—Sessional Paper No. 3/40-825.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-28, An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Di Nino tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the 9th Winter Meeting of the Organization for Security and Co-operation in Europe Parliamentary Assembly, held in Vienna, Austria, on February 18 and 19, 2010.—Sessional Paper No. 3/40-826.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the 19th Annual Session of the Organization for Security and Co-operation in Europe Parliamentary Assembly, held in Oslo, Norway, from July 6 to 10, 2010.—Sessional Paper No. 3/40-827.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Manning, seconded by the Honourable Senator Dickson, for the second reading of Bill S-13, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That at the next Royal Assent by traditional ceremony at which His Excellency the Governor General is present, television cameras be authorized in the Senate chamber to record the ceremony, with the least possible disruption of the proceedings; and
That photographers also be authorized in the Senate chamber at that time to photograph the ceremony, with the least possible disruption of the proceedings.
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 Di Nino:
That, at the end of Question Period and Delayed Answers on Thursday, November 25, 2010, the Senate resolve itself into a Committee of the Whole in order to receive Ms. Jennifer Stoddart respecting her appointment as Privacy Commissioner;
That television cameras be authorized in the Senate Chamber to broadcast the proceedings of the Committee of the Whole, with the least possible disruption of the proceedings;
That photographers be authorized in the Senate chamber to photograph the witness, with the least possible disruption of the proceedings; and
That the Committee of the Whole report to the Senate no later than one hour after it begins.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the twelfth report of the Standing Senate Committee on Legal and Constitutional Affairs (National Parole Board User Fees Proposal, with observations), presented in the Senate on November 23, 2010.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Cochrane, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Duffy for the adoption of the eleventh report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, with an amendment), presented in the Senate on November 4, 2010.
After debate,
In amendment, the Honourable Senator Watt moved, seconded by the Honourable Senator Merchant, that the
eleventh report of the Standing Senate Committee on Legal and Constitutional Affairs be not now adopted but that it
be amended:
(a) in the opening paragraph, by replacing "following amendment" with "following amendments"; and
(b) by adding amendment No 2 as follows:
"2. Page 6, clause 6: Add after line 14 the following:
"(6) A court sentencing an aboriginal person who is convicted of an offence under this Part is not required to impose the minimum punishment for the offence if the court is satisfied that
(a) the minimum punishment would be unduly harsh, having regard to the circumstances of the aboriginal offender; and
(b) another sanction that is reasonable in the circumstances is available.
(7) If, under subsection (6), the court decides not to impose a minimum punishment, it shall give reasons for that decision."".
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace, that the debate on the motion in amendment 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.
° ° °
Second reading of Bill S-223, An Act to amend the Canada Pension Plan (retroactivity of retirement and survivor's pensions).
The Honourable Senator Callbeck moved, seconded by the Honourable Senator Poy, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 11 was called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 7 were called and postponed until the next sitting.
Other
Order No. 23 was called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Oliver, calling the attention of the Senate to the state of Pluralism, Diversity and Racism in Canada and, in particular, to how we can develop new tools to meet the challenges of the 21st century to fight hatred and racism; to reduce the number of hate crimes; and to increase Canadians' tolerance in matters of race and religion.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Andreychuk, moved, seconded by the Honourable
Senator Eaton, 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, 25, 26, 5, 14, 8, 10, 3, 13, 2, 7 (inquiries), 38, 57 (motions), 12 (inquiry), 55 (motion) and 16 (inquiry) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Carstairs, P.C., calling the attention of the Senate to the state of Palliative Care in Canada.
After debate,
The Honourable Senator Munson, for the Honourable Senator Mercer, moved, seconded by the Honourable
Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Greene:
That the Senate condemns last Friday's barbaric attacks on worshippers at two Ahmadiyya Mosques in Lahore, Pakistan;
That it expresses its condolences to the families of those injured and killed; and
That it urges the Pakistani authorities to ensure equal rights for members of minority communities, while ensuring that the perpetrators of these horrendous attacks are brought to justice.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Jaffer, moved, seconded by the Honourable Senator
Cowan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Mockler moved, seconded by the Honourable Senator Wallace:
That, notwithstanding the Order of the Senate adopted on Thursday, March 11, 2010, the Standing Senate Committee on Agriculture and Forestry, which was authorized to undertake a study on the current state and future of Canada's forest sector, be empowered to extend the date of presenting its final report from December 31, 2010 to March 31, 2011; 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.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:48 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 Agriculture and Forestry
The Honourable Senator Marshall replaced the Honourable Senator Duffy (November 23, 2010).
The Honourable Senator Rivard replaced the Honourable Senator Marshall (November 23, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Fox, P.C., replaced the Honourable Senator Hervieux-Payette, P.C. (November 24, 2010).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Stewart Olsen replaced the Honourable Senator MacDonald (November 23, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Patterson replaced the Honourable Senator Di Nino (November 23, 2010).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Fraser replaced the Honourable Senator Munson (November 24, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Day replaced the Honourable Senator Dyck (November 24, 2010).