Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 79
Wednesday, December 15, 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, 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, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, 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, Wallin, 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, Dyck, 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, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, 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, 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
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
December 15th, 2010
I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, will proceed to the Senate Chamber today, the 15th day of December, 2010, at 4:15 p.m., for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its eleventh report (Annual Report on Internal Audits, 2009-2010).—Sessional Paper No. 3/40- 866S.
° ° °
The Honourable Senator Meighen, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled its seventh report entitled: Ten-Year Statutory Review of the Business Development Bank of Canada.—Sessional Paper No. 3/40-867S.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Oliver, 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 Nancy Ruth, Chair of the Standing Senate Committee on Human Rights, tabled its seventh report entitled: Training in Afghanistan: Include Women.—Sessional Paper No. 3/40-868S.
The Honourable Senator Nancy Ruth 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Hubley presented a Bill S-226, An Act to recognize the Maple Leaf Tartan as the national tartan of Canada.
The bill was read the first time.
The Honourable Senator Hubley moved, seconded by the Honourable Senator MacDonald, 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 Rivard tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Visit of the Science and Technology Committee, held in Paris, Aix-en-Provence and Toulon, France, from September 27 to 30, 2010.—Sessional Paper No. 3/40-869.
° ° °
The Honourable Senator Losier-Cool tabled the following:
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the 63rd Congress of the Association canadienne d'éducation de langue française of the APF, held in Charlottetown, Prince Edward Island, from September 30 to October 2, 2010. —Sessional Paper No. 3/40-870.
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the Seminar on the role of women parliamentarians in including a gender perspective in the preparation of national budgets, and on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women of the APF, held in Lomé, Togo, on October 6 and 7, 2010.—Sessional Paper No. 3/ 40-871.
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the Seminar on including a gender perspective in the preparation of national budgets: putting it into practice of the APF, held in Bitola, Macedonia, on November 4 and 5, 2010.—Sessional Paper No. 3/40-872.
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The Honourable Senator Day tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Visit of the Defence and Security Committee, held in Denmark, Greenland and Iceland, from August 30 to September 4, 2010.—Sessional Paper No. 3/40-873.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third 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 Boisvenu, that the bill be read the third time.
After debate,
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.
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Orders No. 2 to 5 were called and postponed until the next sitting.
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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 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 National Security and Defence.
The question being put on the motion, it was adopted.
° ° °
Order No. 7 was called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Losier-Cool, for the second reading of Bill S-208, An Act to amend the Conflict of Interest Act (gifts).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
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.
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Resuming debate on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Rompkey, P.C., for the second reading of Bill C-302, An Act to recognize the injustice that was done to persons of Italian origin through their ``enemy alien'' designation and internment during the Second World War, and to provide for restitution and promote education on Italian-Canadian history.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that further debate on the
motion 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.
Reports of Committees
Consideration of the second report of the Standing Joint Committee for the Scrutiny of Regulations (Report No. 86 — Indian Estates Regulations), tabled in the Senate on December 14, 2010.
The Honourable Senator Martin moved, seconded by the Honourable Senator Angus:
That the report be adopted and that the Senate request a complete and detailed response from the government, with the Minister of Indian Affairs and Northern Development being identified as Minister responsible for responding to the report by April 9, 2011; and
That the Clerk of the Senate transmit this request to the Minister of Indian Affairs and Northern Development and to the Leader of the Government in the Senate.
The question being put on the motion, it was adopted.
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Consideration of the fifth report of the Standing Senate Committee on Transport and Communications (budget—study on the emerging issues related to the Canadian airline industry—power to travel), presented in the Senate on December 14, 2010.
The Honourable Senator Dawson moved, seconded by the Honourable Senator Housakos, that the report be adopted.
The question being put on the motion, it was adopted.
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Orders No. 3 to 11 were called and postponed until the next sitting.
Other
Orders No. 83 (motion), 10 (inquiry) and 72 (motion) were 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,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Day.
° ° °
Orders No. 27, 3, 13, 24, 7, 23 (inquiries), 57 (motion), 12, 21, 17 (inquiries), 50 (motion), 11, 25, 26, 5, 14 and 8 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Mitchell called the attention of the Senate to issues related to women in prisons in Canada.
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Pépin, that further debate on the
inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Pursuant to rule 134(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of His Excellency the Governor General.
After awhile, His Excellency the Governor General, having come and being seated at the foot of the Throne.
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
"It is the pleasure of His Excellency the Governor General that they attend him immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the title of the bills to be assented to as follows:
An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (Bill S-3, Chapter 15, 2010)
An Act to amend the Federal Sustainable Development Act and the Auditor General Act (involvement of Parliament) (Bill S-210, Chapter 16, 2010)
An Act to amend the Criminal Code and other Acts (Bill S-2, Chapter 17, 2010)
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) (Bill C-3, Chapter 18, 2010)
An Act to amend the Criminal Code (suicide bombings) (Bill S-215, Chapter 19, 2010)
An Act to amend the Criminal Code (justification for detention in custody) (Bill C-464, Chapter 20, 2010)
An Act respecting the safety of consumer products (Bill C-36, Chapter 21, 2010)
An Act to amend the Old Age Security Act (Bill C-31, Chapter 22, 2010)
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 (Bill C-28, Chapter 23, 2010)
A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures (Bill C-47, Chapter 25, 2010)
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, His Excellency the Governor General doth assent to these Bills.''
4:31 p.m.
The Speaker of the House of Commons addressed His Excellency the Governor General as follows:
"May it Please Your Excellency:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Excellency the following Bill:
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011 (Bill C-58, Chapter 24, 2010)
To which Bill I humbly request Your Excellency's Assent.''
After one of the Clerks at the Table read the title of the Bill.
To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:
" In Her Majesty's name, His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill.''
4:35 p.m.
The Commons withdrew.
After which His Excellency the Governor General was pleased to retire.
At 4:36, the sitting resumed.
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 Eaton:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 1, 2011, at 2 p.m.
The question being put on the motion, it was adopted.
At 4:45 p.m., pursuant to the order adopted by the Senate on April 15, 2010 and the order adopted earlier today, the Senate adjourned until Tuesday, February 1, 2011, at 2 p.m.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Agreement on Social Security between Canada and Romania and Administrative Agreement between the Government of Canada and the Government of Romania for the Application of the Agreement on Social Security between Canada and Romania, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).—Sessional Paper No. 3/40-865.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Mitchell replaced the Honourable Senator Jaffer (December 15, 2010).
The Honourable Senator Dawson replaced the Honourable Senator Poulin (December 15, 2010).
The Honourable Senator Mercer replaced the Honourable Senator Downe (December 15, 2010).