Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 84
Wednesday, February 9, 2011
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, 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, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, 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, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, 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:
A declaration by the Prime Minister of Canada and the President of the United States of America, in Washington, D.C., on February 4, 2011, entitled: Beyond the Border: a shared vision for perimeter security and economic competitiveness.—Sessional Paper No. 3/40-909.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Consideration of the amendments by the House of Commons to Bill S-6, An Act to amend the Criminal Code and another Act:
1. Page 1: Delete clause 1.
2. Page 3, clause 3: Add after line 28 the following:
"(2.7) The 90-day time limits for the making of any application referred to in subsections (2.1) to (2.5) may be extended by the appropriate Chief Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit.''
3. Page 3, clause 3: Add after line 28 the following:
"(2.7) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1).''
4. Page 6, clause 7: Replace line 9 with the following:
"3(1), within 180 days after the end of two years''
5. Page 6, clause 7: Replace line 19 with the following:
"amended by subsection 3(1), within 180 days''
The Honourable Senator Carignan moved, seconded by the Honourable Senator Demers:
That the Senate concur in the amendments made by the House of Commons to Bill S-6, An Act to amend the Criminal Code and another Act (Serious Time for the Most Serious Crime Act); and
That a Message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The Honourable Senator Banks 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.
° ° °
Orders No. 2 and 3 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-21, An Act to amend the Criminal Code (sentencing for fraud).
The Honourable Senator Carignan moved, seconded by the Honourable Senator MacDonald, that the bill be read the second time.
After debate,
The Honourable Senator Tardif 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.
° ° °
Orders No. 5 and 6 were called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (C) for the fiscal year ending March 31, 2011.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 12 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Rivest, for the second reading of Bill C-232, An Act to amend the Supreme Court Act (understanding the official languages).
A point of order was raised concerning the acceptability of the bill.
After debate,
Pursuant to rule 18(3), the Speaker will hear further arguments.
At 4 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):
Order Amending Schedule I to the Hazardous Products Act (Phthalates), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 3/40-907.
Report on the Annual Summary of Steel Import Permit Data for the year 2010, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, sbs. 5.1(3).—Sessional Paper No. 3/40-908.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Banks replaced the Honourable Senator Dyck (February 8, 2011).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Smith (Saurel) replaced the Honourable Senator Ataullahjan (February 9, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Stratton replaced the Honourable Senator Angus (February 9, 2011).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Meredith replaced the Honourable Senator Greene (February 9, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Mitchell replaced the Honourable Senator Munson (February 8, 2011).
Standing Senate Committee on Official Languages
The Honourable Senator Smith (Saurel) replaced the Honourable Senator Seidman (February 9, 2011).
The Honourable Senator Tardif replaced the Honourable Senator Fraser (February 8, 2011).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Johnson replaced the Honourable Senator Poirier (February 9, 2011).
Standing Senate Committee on Transport and Communications
The Honourable Senator Seidman replaced the Honourable Senator Plett (February 9, 2011).
The Honourable Senator Meredith replaced the Honourable Senator Martin (February 9, 2011).