Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 75
Wednesday, December 8, 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, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, 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, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, 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, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, 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, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, 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
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stratton tabled the following (Sessional Paper No. 3/40-846S):
Wednesday, December 8, 2010
The Standing Committee on Conflict of Interest for Senators has the honour to table its
FIRST REPORT
Pursuant to rule 104 (2), the committee reports that the expenses incurred by the committee during the Second Session of the Fortieth Parliament and the Intersessional Authority during the period following prorogation of the Second Session of the Fortieth Parliament were as follows:
Conflict of Interest (January 26, 2009 - December 30, 2009)
Transport and Communications $ 0 Professional & Other Services 0 TOTAL $ 0
Intersessional Authority (December 31, 2009 to December 1, 2010)
Transport and Communications $ 0 Professional & Other Services 0 TOTAL $ 0
In its first report, which was tabled in the Senate on April 1, 2009, your committee reported on its expenses incurred by the committee during the Second Session of the Thirty-ninth Parliament and the Intersessional Authority during the period following dissolution of the Thirty-ninth Parliament, pursuant to rule 104(2).
Your committee's second report requested funds for the fiscal year ending March 31, 2010, and requested that it be empowered to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its activities. Presented on April 28, 2009, the report was adopted by the Senate on April 29, 2009.
The membership of your committee for the Second Session of the Fortieth Parliament was approved by the Senate on March 26, 2009.
Respectfully submitted,
TERRY STRATTON
Chair
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Cordy tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Visit of the Committee on Civil Dimension of Security to the Observer Programme of Exercise 'Armenia 2010', held in Yerevan, Armenia, on September 16 and 17, 2010.—Sessional Paper No. 3/40-847.
Report of the Canadian NATO Parliamentary Association respecting its participation at the Visit of the Sub-Committee on East-West Economic Co-operation and Convergence, held in Prague, Czech Republic, from September 29 to October 1, 2010.—Sessional Paper No. 3/40-848.
ORDERS OF THE DAY
A point of order was raised with respect to Rule 22(4).
Debate.
SPEAKER'S RULING
Honourable senators, I should like to deal with this matter now.
I want to begin by thanking Senator Comeau for raising the matter because I had intended to rise, under rule 18, to express certain disquiet from the chair on both Senators' Statements and Question Period. The rule on Senators' Statements that we all understand is clear. We cannot anticipate items that are on the Order Paper. Sometimes statements are made that cannot help but come close to the line. I think there is enough generosity in the chamber to recognize that.
However, equally, during Question Period, while we do not have an equivalent to rule 22(4), which as Senator Comeau cited does not allow us to anticipate items on the Order Paper, we ought not to be raising questions around items that are on the Orders of the Day. I would like to recall, from the parliamentary procedural literature, paragraph 410 in Beauchesne's 6th Edition, at page 122, dealing with "Oral Questions". Item 14 states:
(14) Questions should not anticipate an Order of the Day although this does not apply to the budget process.
As all honourable senators know, there have been a number of questions in the past little while that did deal with bills or other items on the Orders of the Day. I simply wish to conclude by saying that I invite all honourable senators to be careful about the statements and to give some reflection to what the procedural literature suggests. Whether or not this is something that the Rules Committee might want to look into and specify in the rules will be a judgment that the committee can make.
GOVERNMENT BUSINESS
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That, on Thursday, December 9, 2010:
(a) if the Senate is sitting at 3:45 p.m. it shall suspend and resume no later than 5 p.m., after a fifteen minute bell;
(b) if a standing vote on a debatable motion is requested before 3:45 p.m. and cannot be completed before that time, it shall be deferred until after the sitting resumes in accordance with paragraph (a) and the bells for the vote shall start ringing only after the sitting resumes, with the vote to take place fifteen minutes later;
(c) if a standing vote on any other motion is requested before 3:45 p.m. and cannot be completed before that time, the sitting shall be suspended until the time provided for in paragraph (a), and the bells for the vote shall ring in accordance with the provisions of paragraph (b); and
(d) the application of rule 13(1) shall be suspended, and the sitting shall continue past 6 p.m. if required.
The question being put on the motion, it was adopted.
Bills
Order No. 1 was called and postponed until the next sitting.
° ° °
Third reading of Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs).
The Honourable Senator Brazeau moved, seconded by the Honourable Senator Braley, that the bill be read the third time.
After debate,
The Honourable Senator Jaffer 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.
° ° °
Orders No. 3 to 8 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Consideration of the amendments by the House of Commons to Bill S-215, An Act to amend the Criminal Code (suicide bombings):
1. Page 1, clause 1: Replace line 7 in the French version with the following:
"(1.2) Il est entendu que l'attentat suicide à la bombe"
2. Page 1, title: Replace the long title in the French version with the following:
"Loi modifiant le Code criminel (attentats suicides à la bombe)".
The Honourable Senator Frum moved, seconded by the Honourable Senator Mockler:
That the Senate concur in the amendments made by the House of Commons to Bill S-215, An Act to amend the Criminal Code (suicide bombings); and
That a Message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 5 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Carstairs, P.C., for the second reading of Bill S-225, An Act respecting the reorganization and privatization of Atomic Energy of Canada Limited.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 7 to 11 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-224, An Act to establish a national volunteer emergency response service.
The Honourable Senator Harb moved, seconded by the Honourable Senator Eggleton, P.C., 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.
Commons Public Bills
Third reading of Bill C-464, An Act to amend the Criminal Code (justification for detention in custody).
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the bill be read the third 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.
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
Reports of Committees
Orders No. 2 to 9 were called and postponed until the next sitting.
Other
Orders No. 38 (motion), 23 (inquiry), 57 (motion), 12, 27 (inquiries), 55 (motion), 21, 17 (inquiries), 50 (motion), 11, 25, 26, 5, 14, 8, 10, 3, 13 and 2 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Segal, calling the attention of the Senate to the seriousness of the problem posed by contraband tobacco in Canada, its connection with organized crime, international crime and terrorist financing, including the grave ramifications of the illegal sale of these products to young people, the detrimental effects on legitimate small business, the threat on the livelihoods of hardworking convenience store owners across Canada, and the ability of law enforcement agencies to combat those who are responsible for this illegal trade throughout Canada, and the advisability of a full-blown Senate committee inquiry into these matters.
After debate,
The Honourable Senator Banks 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.
MOTIONS
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cordy:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the provisions and operation of the Act to amend the Criminal Code (production of records in sexual offence proceedings), S.C. 1997, c. 30; and
That the committee report to the Senate no later than June 30, 2011 and retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
After debate,
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Lovelace Nicholas:
That the Standing Senate Committee on Social Affairs, Science, and Technology be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate its report on Canada's pandemic preparedness, by December 31, 2010, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Stewart Olsen:
That the Senate of Canada call upon the Chinese Government to release from prison, Liu Xiaobo, the 2010 Nobel Peace Prize Winner.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That the sitting be suspended until the time for the taking of the deferred vote.
(Accordingly, at 3:56 p.m. the sitting was suspended.)
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 67, the Senate proceeded to the taking of the deferred standing vote 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.
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, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace—47
NAYS
The Honourable Senators
Baker, Banks, Callbeck, Campbell, Carstairs, Chaput, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Eggleton, Fairbairn, Fox, Fraser, Furey, Harb, Hubley, Jaffer, Joyal, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Tardif, Watt, Zimmer—44
ABSTENTIONS
The Honourable Senators
Nil
At 5:39 p.m., pursuant to the order adopted by the Senate on April 15, 2010, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for 2009-2010 to 2013-2014 and of the Capital and Operating Budgets for 2009-2010 of the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-844.
Summaries of the Corporate Plan for 2010-2011 to 2014-2015 and of the Capital and Operating Budgets for 2010-2011 of the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-845.
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on Anti-terrorism
The Honourable Senator Wallin replaced the Honourable Senator Duffy (December 7, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Plett replaced the Honourable Senator Gerstein (December 8, 2010).
The Honourable Senator Marshall replaced the Honourable Senator Greene (December 7, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Raine replaced the Honourable Senator Gerstein (December 8, 2010).
The Honourable Senator Eaton replaced the Honourable Senator Ataullahjan (December 8, 2010).
Standing Senate Committee on Official Languages
The Honourable Senator Wallace replaced the Honourable Senator Rivard (December 7, 2010).