Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 76
Thursday, December 9, 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, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, 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, 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, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, 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, 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
Tabling of documents
The Honourable the Speaker tabled the following:
The December 2010 Special Report of the Auditor General of Canada to the House of Commons on the Public Sector Integrity Commissioner of Canada, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 8(2).—Sessional Paper No. 3/40-852.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its seventh report (Supplementary Estimates (B), 2010-2011).
(The report is printed as appendix "A" at pages 1083-1110 (available in print format PDF).)
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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.
° ° °
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its fourteenth report (Bill S-12, A third Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law, without amendment).
The Honourable Senator Carignan moved, seconded by the Honourable Senator Demers, 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 Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its tenth report (Report submitted pursuant to the International Travel Guidelines).—Sessional Paper No. 3/40-853S.
° ° °
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fourteenth report (Bill C-31, An Act to amend the Old Age Security Act, without amendment).
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Ringuette, 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 Stratton, Chair of the Standing Committee on Conflict of Interest for Senators, presented its second report (budget—mandate pursuant to rule 86(1)t)— power to hire staff).
(The report is printed as appendix "B" at pages 1111-1115 (available in print format PDF).)
The Honourable Senator Stratton moved, seconded by the Honourable Senator Angus, 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-442, An Act to establish a National Holocaust Monument, 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 Eaton, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Brazeau, seconded by the Honourable Senator Braley, for the 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).
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Kochhar, for the third reading of Bill C-36, An Act respecting the safety of consumer products.
After debate,
In amendment, the Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that Bill C-36
be amended in clause 15, on page 9,
(a) by replacing line 13 with the following:
"information in relation to a consumer product to a person or a government that"; and
(b) by replacing lines 17 to 20 with the following:
"relates only if
(a) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions; and
(b) the disclosure is necessary to identify or address a serious danger to human health or safety.
(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.
(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.
(4) For greater certainty, nothing in this".
After debate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Ataullahjan, that further debate on
the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 3 was called and postponed until the next sitting.
° ° °
Second reading of Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Comeau, that the bill be read the second time.
Debate.
At 3:45 p.m., pursuant to the order adopted on December 8, 2010, the Senate was suspended to resume no later than 5 p.m., with a 15 minute bell.
At 5 p.m., the sitting resumed.
Bills
The Senate resumed debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Comeau, for the second reading of Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service.
After debate,
The Honourable Senator Munson moved, seconded by the Honourable Senator Mercer, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 5 was called and postponed until the next sitting.
° ° °
Second reading of Bill C-47, A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures.
The Honourable Senator Marshall moved, seconded by the Honourable Senator Kochhar, that the bill be read the second time.
After debate,
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 Day moved, seconded by the Honourable Senator Banks, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Cochrane, for the second reading of 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.
After debate,
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 Di Nino, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
° ° °
Orders No. 8 to 11 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 Meighen:
That following the completion of the Orders of the Day, Inquiries and Motions on Thursday, December 9, 2010, the sitting be suspended, if either the Leader or Deputy Leader of the Government so request, to resume at the call of the chair with a fifteen minute bell; and
That, when the sitting resumes, it be either for the purpose of adjournment or to receive messages from the House of Commons.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Frum, 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.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 12 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Day, for the third reading of Bill C-464, An Act to amend the Criminal Code (justification for detention in custody).
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
Reports of Committees
Consideration of the ninth report of the Standing Committee on Internal Economy, Budgets and Administration (revised Senate Taxi Policy), presented in the Senate on December 7, 2010.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Di Nino, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
° ° °
Consideration of the fourth report (interim) of the Standing Senate Committee on Human Rights, entitled: Canada and the United Nations Human Rights Council: Charting a New Course, tabled in the Senate on June 22, 2010.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson, 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.
° ° °
Resuming debate on the consideration of the first report (interim) of the Standing Senate Committee on Foreign Affairs and International Trade, entitled: Canada and Russia: Building on today's successes for tomorrow's potential, tabled in the Senate on March 31, 2010.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, 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
Order No. 7 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Di Nino, 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 Poy, for the Honourable Senator Day, moved, seconded by the Honourable Senator
Mitchell, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-58, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011, 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 Meighen, 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.
Other
Orders No. 38 (motion), 23 (inquiry), 57 (motion) and 12 (inquiry) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Banks, calling 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 Peterson 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.
° ° °
Orders No. 55 (motion), 21, 17 (inquiries), 50 (motion), 11, 25, 26, 5, 14, 8 and 10 (inquiries) were called and postponed until the next sitting.
° ° °
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 Munson, for the Honourable Senator Hubley, moved, seconded by the Honourable
Senator Mercer, 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 inquiry of the Honourable Senator Poy, calling the attention of the Senate to the choices women have in all aspects of our lives.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Pépin, 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.
° ° °
Order No. 2 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Mitchell called the attention of the Senate to the importance of Sustainable Development Technology Canada.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Joyal, P.C., 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 Jaffer moved, seconded by the Honourable Senator Mercer:
That the Senate of Canada recognize the 10th of December of each year as Human Rights Day as has been established by the United Nations General Assembly on the 4th of December, 1950.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Cochrane, that further debate on
the motion be adjourned until the next sitting.
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 Meighen:
That when the Senate adjourns today, it do stand adjourned until Monday, December 13, 2010, at 6 p.m., and that rule 13(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Order amending Schedule I to the Hazardous Products Act (Cribs, Cradles and Bassinets), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 3/40-849.
Report on Crown Corporations and Other Corporate Interests of Canada, together with the Auditor General's Report, for the year 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 151(1) and 152(1).—Sessional Paper No. 3/40-850.
Report of the Canadian Race Relations Foundation, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the Canadian Race Relations Foundation Act, S.C. 1991, c. 8, sbs. 26(3).—Sessional Paper No. 3/40-851.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:28 p.m. the Senate was continued until Monday, December 13, 2010, at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Plett replaced the Honourable Senator Ataullahjan (December 8, 2010).
The Honourable Senator Duffy replaced the Honourable Senator Meighen (December 2, 2010).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Greene replaced the Honourable Senator Marshall (December 9, 2010).
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Zimmer (December 8, 2010).
The Honourable Senator Zimmer replaced the Honourable Senator Hervieux-Payette, P.C. (December 8, 2010).
The Honourable Senator Oliver replaced the Honourable Senator Frum (December 2, 2010).
The Honourable Senator Gerstein replaced the Honourable Senator Plett (December 2, 2010).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Frum replaced the Honourable Senator Johnson (December 8, 2010).
The Honourable Senator Lang replaced the Honourable Senator Boisvenu (December 8, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Jaffer replaced the Honourable Senator Dawson (December 8, 2010).
The Honourable Senator Johnson replaced the Honourable Senator Stratton (December 2, 2010).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Stewart Olsen replaced the Honourable Senator Wallace (December 2, 2010).
Standing Senate Committee on National Finance
The Honourable Senator Gerstein replaced the Honourable Senator Meighen (December 2, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Day replaced the Honourable Senator Banks (December 8, 2010).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Demers replaced the Honourable Senator Brazeau (December 9, 2010).
The Honourable Senator Brazeau replaced the Honourable Senator Demers (December 9, 2010).
The Honourable Senator Banks replaced the Honourable Senator Dyck (December 8, 2010).
The Honourable Senator Cowan replaced the Honourable Senator Merchant (December 8, 2010).
Standing Senate Committee on Transport and Communications
The Honourable Senator Plett replaced the Honourable Senator Raine (December 8, 2010).