Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 73
Thursday, December 2, 2010
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Day, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Patterson, Pépin, Peterson, Plett, Poy, Ringuette, Rivard, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, *Dawson, Day, *De Bané, Demers, Di Nino, Dickson, Downe, Duffy, *Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, *Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, *Oliver, Patterson, Pépin, Peterson, Plett, *Poirier, Poy, *Raine, Ringuette, Rivard, Robichaud, Rompkey, Runciman, Segal, Seidman, *Sibbeston, Smith, *Stewart Olsen, 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:
Government Response to the ninth report of the Standing Senate Committee on Legal and Constitutional Affairs,
entitled: Public Protection, Privacy and the Search for Balance: A Statutory Review of the DNA Identification Act,
tabled in the Senate on June 28, 2010.—Sessional Paper No. 3/40-836S.
(Pursuant to rule 131(4), the report and the response were deemed referred to the Standing Senate Committee on Legal
and Constitutional Affairs)
Presentation of Reports from Standing or Special Committees
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its thirteenth report (Bill C-36, An Act respecting the safety of consumer products, without amendment).
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Merchant, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its thirteenth report (Bill C-464, An Act to amend the Criminal Code (justification for detention in custody), without amendment).
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Angus, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its eleventh report (budget—release of additional funds (study on the energy sector)).
(The report is printed as an appendix at page 1046 (available in print format PDF).)
The Honourable Senator Angus moved, seconded by the Honourable Senator Ataullahjan, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Day tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association and of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Eighteenth Annual Meeting of the Asia Pacific Parliamentary Forum, held in Singapore, Republic of Singapore, from January 17 to 22, 2010.—Sessional Paper No. 3/40-837.
Notices of Motions
The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Cowan:
That pursuant to rule 85(2.1) the membership of the Standing Committee on Conflict of Interest for Senators be as follows:
The Honourable Senators Andreychuk, Angus, Cordy, Joyal, P.C., and Stratton.
Pursuant to rule 85(2.1) the motion was deemed adopted.
ORDERS OF THE DAY
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-210, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (involvement of Parliament),
And to acquaint the Senate that the Commons has passed this bill, without amendment.
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 11 were 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
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Tkachuk, for the adoption of the sixth report of the Standing Senate Committee on Banking, Trade and Commerce (Bill S-216, An Act to amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act in order to protect beneficiaries of long term disability benefits plans, with a recommendation), presented in the Senate on November 25, 2010.
After debate,
The Honourable Senator Greene moved, seconded by the Honourable Senator MacDonald, that further debate on
the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Cools, Demers, Di Nino, Dickson, Duffy, Eaton, Fortin-Duplessis, Frum, Greene, Housakos, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Mockler, Murray, Nancy Ruth, Neufeld, Ogilvie, Patterson, Plett, Rivard, Runciman, Segal, Seidman, Stratton, Tkachuk, Wallace, Wallin—44
NAYS
The Honourable Senators
Baker, Banks, Callbeck, Carstairs, Chaput, Cordy, Cowan, Dallaire, Day, Eggleton, Fairbairn, Fox, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Losier-Cool, Mahovlich, McCoy, Mercer, Merchant, Moore, Munson, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Rompkey, Smith, Tardif, Zimmer—36
ABSTENTIONS
The Honourable Senators
Nil
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Angus, seconded by the Honourable Senator Stratton, for the adoption of the seventh report (interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources entitled: Attention Canada! Preparing for our Energy Future, tabled in the Senate on June 29, 2010.
After debate,
The question being put on the motion, it was adopted.
° ° °
Order No. 8 was called and postponed until the next sitting.
Other
Orders No. 55 (motion), 21, 17 (inquiries) and 50 (motion) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Eaton, calling the attention of the Senate to the benefits of Canada's oil sands.
After debate,
The Honourable Senator Comeau 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, 25, 26, 5, 14, 8, 10, 3, 13, 2, 7 (inquiries) and 38 (motion) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Banks:
Whereas the $5, $10 and $50 Canadian banknotes represent Sir Wilfrid Laurier, Sir John A. Macdonald and W.L. Mackenzie King respectively, and whereas each of these bills clearly mention in printed form their name, title and dates of function;
Whereas the $20 banknotes represent a portrait of H.M. Queen Elizabeth II but without her name or title;
The Senate recommends that the Bank of Canada add in printed form, under the portrait of Her Majesty, the name and title of H.M. Elizabeth II, Queen of Canada, to the next series of $20 Canadian banknotes to be printed.
After debate,
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Duffy, that further debate on
the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to the relationship between the environment and human rights.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Wallin, that further debate on
the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Banks called the attention of the Senate to the decision by the Government of Canada in respect to Edmonton's bid for the 2017 World Expo.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the
inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mahovlich:
That, notwithstanding the Order of the Senate adopted on Wednesday, March 24, 2010, the Standing Senate Committee on Official Languages, which was authorized to study the application of the Official Languages Act and of the regulations and directives made under it, 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 June 30, 2011 all powers necessary to publicize its findings.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Cordy:
That notwithstanding the order of the Senate adopted on March 18, 2010, the date for the presentation of the final report by the Standing Senate Committee on Social Affairs, Science and Technology on access to post-secondary education in Canada be extended from December 31, 2010 to March 31, 2011 and that the date until which the committee retains powers to allow it to publicize its findings be extended from June 30, 2011 to September 30, 2011.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard:
That when the Senate adjourns today, it do stand adjourned until Tuesday, December 7, 2010, at 2 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Braley:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:23 p.m. the Senate was continued until Tuesday, December 7, 2010, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Callbeck (December 1, 2010).
The Honourable Senator Meighen replaced the Honourable Senator Duffy (December 1, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Frum replaced the Honourable Senator Oliver (December 2, 2010).
The Honourable Senator Plett replaced the Honourable Senator Gerstein (December 2, 2010).
The Honourable Senator Gerstein replaced the Honourable Senator Neufeld (December 2, 2010).
The Honourable Senator Ataullahjan replaced the Honourable Senator Plett (December 2, 2010).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Raine replaced the Honourable Senator Runciman (December 1, 2010).
The Honourable Senator Poirier replaced the Honourable Senator Andreychuk (December 1, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Tardif replaced the Honourable Senator Campbell (December 1, 2010).
The Honourable Senator Wallace replaced the Honourable Senator Stewart Olsen (December 1, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Meighen replaced the Honourable Senator Gerstein (December 1, 2010).
The Honourable Senator Eaton replaced the Honourable Senator Finley (December 1, 2010).
The Honourable Senator Finley replaced the Honourable Senator Ataullahjan (December 1, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Pépin replaced the Honourable Senator Peterson (December 1, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Demers replaced the Honourable Senator Housakos (December 2, 2010).
The Honourable Senator Dyck replaced the Honourable Senator Day (December 1, 2010).
The Honourable Senator Housakos replaced the Honourable Senator Demers (December 1, 2010).
The Honourable Senator Demers replaced the Honourable Senator Brazeau (December 1, 2010).
The Honourable Senator Braley replaced the Honourable Senator Stewart Olsen (December 1, 2010).