Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 89
Tuesday, March 1, 2011
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Callbeck, Campbell, Carignan, Carstairs, Champagne, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Kochhar, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Meighen, Mercer, Merchant, Meredith, Mockler, Munson, Murray, Nolin, Ogilvie, Oliver, Patterson, Pépin, Plett, Poirier, 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, *Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, *Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Kochhar, *Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, *McCoy, Meighen, Mercer, Merchant, Meredith, *Mitchell, Mockler, *Moore, Munson, Murray, *Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, *Peterson, Plett, Poirier, 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
Tributes
Tribute was paid to the Honourable Marian Maloney, former Senator, whose death occurred on May 29, 2010.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of documents
The Honourable Senator Comeau tabled the following:
Main Estimates 2011-2012, Parts I and II: The Government Expenditure Plan and Main Estimates.—Sessional Paper No. 3/40-928.
Report of the Nisga'a Final Agreement: Implementation Report for 2008-2009.—Sessional Paper No. 3/40-929.
Copy of the Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures (P.C. 2011-253 and JUS-81000-2-860) and the Special Economic Measures Permit Authorization Order (P.C. 2011-254), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1) and to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1). —Sessional Paper No. 3/40-930.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Fraser presented the following:
Tuesday, March 1, 2011
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
FIFTEENTH REPORT
Your committee, to which was referred Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, has, in obedience to the order of reference of Tuesday, February 8, 2011, examined the said Bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
JOAN FRASER
Chair
Observations to the Fifteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs
After receiving testimony from a broad spectrum of witnesses, including police services, government officials, Internet service providers, technical advisors, children's rights advocates, academics, and those who currently monitor child pornography on the Internet, the committee is deeply concerned about the incredible proliferation of Internet child pornography. Tens of thousands of new images or videos are posted on the Internet every week and it is estimated that there are currently more than 5 million unique child sexual abuse images on the Internet. An estimated 500,000 individuals worldwide are actively involved in the trafficking of child sexual abuse images on the Internet. This is a crime of truly devastating proportions.
In this regard, witnesses appearing before the committee advised that in their opinions, technology now exists which would significantly assist in addressing, and in some cases eliminating, this scourge.
Bill C-22 is one means to assist the criminal justice system in keeping pace with technological advances while respecting Canadians' rights. As a next step, the committee now urges the Minister to act expeditiously to inquire into the technologies available to combat child pornography on the Internet, to explore the further development and utilization of such technologies and, in so doing, to work with all relevant partners, including international partners, to make such technologies more widely available. The committee would appreciate being kept informed of developments in this regard.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-14, An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act.
The Honourable Senator Greene moved, seconded by the Honourable Senator MacDonald, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Harb moved, seconded by the Honourable Senator Merchant, that the bill
be not now read a third time, but that it be amended by replacing the short title with the following:
"Fairness in Weights and Measures Act".
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, 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. 2 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Lang seconded by the Honourable Senator Meredith, for the second reading of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence 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 Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
° ° °
Order No. 4 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Rivard, for the second reading of Bill C-35, An Act to amend the Immigration and Refugee Protection Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Meighen, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Brown, seconded by the Honourable Senator Runciman, for the second reading of Bill S-8, An Act respecting the selection of senators.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Fraser, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Second reading of Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Marshall, 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Callbeck, seconded by the Honourable Senator Poy, for the second reading of Bill S-223, An Act to amend the Canada Pension Plan (retroactivity of retirement and survivor's pensions).
A point of order was raised with respect to the acceptability of the bill.
After debate,
The Speaker pro tempore reserved his decision.
° ° °
Resuming debate on the motion of the Honourable Senator Peterson, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-219, An Act to amend the Canada Post Corporation Act (rural postal services and the Canada Post Ombudsman).
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 Tkachuk, 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. 6 to 10 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 Tardif, for the second reading of Bill S-204, An Act to amend the Criminal Code (protection of children).
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 12 and 13 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 12 were called and postponed until the next sitting.
Other
Resuming debate on the inquiry of the Honourable Senator Cowan, calling the attention of the Senate to the litany of broken promises by the Harper administration, beginning with the broken promise on income trusts, which devastated the retirement savings of so many Canadian seniors.
After debate,
The Honourable Senator Eaton, for the Honourable Senator Cordy, moved, seconded by the Honourable Senator
Andreychuk, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Wallin presented the following:
Tuesday, March 1, 2011
The Standing Senate Committee on National Security and Defence has the honour to present its
SIXTH REPORT
Your Committee, to which was referred 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, has, in obedience to its order of reference of Wednesday, December 15, 2010, examined the said Bill and now reports the same with the following amendments:
1. Clause 17, page 8: Replace line 15 with the following:
"45.88 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.''.
2. Clause 22:
(a) Page 12:
(i) Add after line 22 the following:
"(10) If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.
(11) The Minister may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (10).'', and
(ii) Replace lines 23 and 24 with the following:
"45.9 Sections 45.52 to 45.56, 45.63 to 45.67, 45.71, 45.72 and 45.74 to 45.76 apply in respect of a'';
(b) Page 19:
(i) Add after line 32 the following:
"(10) If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.
(11) The Minister may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (10).'', and
(ii) Replace lines 33 and 34 with the following:
"45.9 Sections 45.52 to 45.56, 45.63 to 45.67, 45.71, 45.72 and 45.74 to 45.76 apply in respect of a'';
(c) Page 24: Replace line 26 with the following:
"45.88 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.'';
(d) Page 25: Replace line 28 with the following:
"45.88 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.''.
3. Clause 23, page 27: Replace line 30 with the following:
"45.88 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.''.
Respectfully submitted,
PAMELA WALLIN
Chair
The Honourable Senator Wallin moved, seconded by the Honourable Senator Kochhar, 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 Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:55 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration of the Canada Small Business Financing Act for the fiscal year ended March 31, 2010, pursuant to the Act, S.C. 1998, c. 36, ss. 18 and 20.—Sessional Paper No. 3/40-921.
List of Commissions issued for the year 2010, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.—Sessional Paper No. 3/40-922.
Report of the Association of Canada Lands Surveyors for the year ended May 8, 2010, pursuant to the Canada Lands Surveyors Act, S.C. 1998, c. 14, sbs. 70(2).—Sessional Paper No. 3/40-923.
Report of the Canadian Wheat Board, together with the Auditors' Report, for the crop year ended July 31, 2010, pursuant to the Canadian Wheat Board Act, R.S.C. 1985, c. C-24, sbs. 9(2). —Sessional Paper No. 3/40-924.
Report of Statistics Canada on corporations for the year 2008, pursuant to the Corporations Returns Act, R.S. C.1985, c. C-43, sbs. 22(1).—Sessional Paper No. 3/40-925.
Interim Order No. 9 Respecting Mail, Cargo and Baggage (JUS-81100-2-117), dated February 18, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 3/40-926.
Interim Order No. 3 Respecting Passenger Identification and Behaviour Observation (JUS-81100-2-112), dated February 23, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 3/ 40-927.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Ataullahjan replaced the Honourable Senator Patterson (February 25, 2011).
The Honourable Senator Dallaire replaced the Honourable Senator Pépin (February 17, 2011).
Special Senate Committee on Anti-terrorism
The Honourable Senator Furey replaced the Honourable Senator Dallaire (March 1, 2011).
The Honourable Senator Dallaire replaced the Honourable Senator Furey (February 25, 2011).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Banks replaced the Honourable Senator Moore (March 1, 2011).
The Honourable Senator Oliver replaced the Honourable Senator Marshall (February 25, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Lang replaced the Honourable Senator Meredith (February 25, 2011).
The Honourable Senator Banks replaced the Honourable Senator Robichaud, P.C. (February 17, 2011).
The Honourable Senator Peterson replaced the Honourable Senator Mercer (February 17, 2011).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Ataullahjan replaced the Honourable Senator Nancy Ruth (February 28, 2011).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Wallin replaced the Honourable Senator Dickson (February 25, 2011).
The Honourable Senator Johnson replaced the Honourable Senator Frum (February 25, 2011).
The Honourable Senator Finley replaced the Honourable Senator Stewart Olsen (February 25, 2011).
Standing Senate Committee on Human Rights
The Honourable Senator Stratton replaced the Honourable Senator Brazeau (February 28, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Rivest replaced the Honourable Senator Meredith (February 25, 2011).
The Honourable Senator Lang replaced the Honourable Senator Raine (February 25, 2011).
The Honourable Senator Watt replaced the Honourable Senator Dallaire (February 17, 2011).
The Honourable Senator Baker, P.C., replaced the Honourable Senator Munson (February 17, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Oliver replaced the Honourable Senator Finley (February 28, 2011).
The Honourable Senator Carignan replaced the Honourable Senator Dickson (February 28, 2011).
The Honourable Senator Neufeld replaced the Honourable Senator Stratton (February 25, 2011).
The Honourable Senator Finley replaced the Honourable Senator Eaton (February 25, 2011).
The Honourable Senator Peterson replaced the Honourable Senator Cordy (February 17, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Pépin replaced the Honourable Senator Robichaud, P.C. (March 1, 2011).
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Pépin (February 28, 2011).
The Honourable Senator Duffy replaced the Honourable Senator Lang (February 28, 2011).
The Honourable Senator Pépin replaced the Honourable Senator Peterson (February 23, 2011).
The Honourable Senator Day replaced the Honourable Senator Banks (February 23, 2011).
The Honourable Senator Patterson replaced the Honourable Senator St. Germain, P.C. (February 23, 2011).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Stratton replaced the Honourable Senator Meighen (February 25, 2011).
Standing Senate Committee on Transport and Communications
The Honourable Senator Mockler replaced the Honourable Senator Housakos (February 28, 2011).
The Honourable Senator Plett replaced the Honourable Senator Martin (February 25, 2011).