Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 98
Thursday, March 24, 2011
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, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Raine, Ringuette, Rivard, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith (Cobourg), Stewart Olsen, 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, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, *Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Raine, Ringuette, Rivard, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith (Cobourg), Stewart Olsen, 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
Presentation of Reports from Standing or Special Committees
The Honourable Senator Rompkey, P.C., Chair of the Standing Senate Committee on Fisheries and Oceans, tabled its seventh report (interim) entitled: The Implementation of the Heritage Lighthouse Protection Act.—Sessional Paper No. 3/40-968S.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Fraser, 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 Ogilvie, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its seventeenth report (Bill C-442, An Act to establish a National Holocaust Monument, without amendment).
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Neufeld, that the bill be placed on
the Orders of the Day for a third reading later this day.
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 twentieth report (Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy), without amendment).
With leave of the Senate,
The Honourable Senator Lang moved, seconded by the Honourable Senator Brazeau, that the bill be placed on the
Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator MacDonald tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Meeting of the Committee on Economic Affairs and Development and the First Part of the 2011 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in London, United Kingdom and Strasbourg, France, from January 20 to 28, 2011.—Sessional Paper No. 3/40-969.
° ° °
The Honourable Senator Tkachuk tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Seventeenth Annual Bilateral Meeting with the Japan-Canada Diet Friendship League, held in Vancouver, Squamish and Whistler, British Columbia, from January 3 to 7, 2011. —Sessional Paper No. 3/40-970.
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting the Annual Co- Chair's visit to Tokyo, Japan, from February 13 to 18, 2010.—Sessional Paper No. 3/40-971.
With leave,
The Senate reverted to Tabling of Documents.
The Honourable the Speaker tabled the following:
Report of the Canadian Human Rights Commission for the year 2010, pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(4), and the Employment Equity Act, S.C. 1995, c. 44, s. 32.—Sessional Paper No. 3/40-972.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act.
The Honourable Senator Plett moved, seconded by the Honourable Senator Seidman, that the bill be read the third time.
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 Runciman, seconded by the Honourable Senator Marshall, for the second reading of Bill C-54, An Act to amend the Criminal Code (sexual offences against children).
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 Andreychuk, 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 on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Cools, Demers, Di Nino, Duffy, Eaton, Finley, Fortin-Duplessis, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Raine, Rivard, Runciman, Segal, Seidman, Stewart Olsen, Tkachuk, Wallace, Wallin—44
NAYS
The Honourable Senators
Banks, Callbeck, Campbell, Chaput, Cordy, Cowan, Dallaire, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Hubley, Jaffer, Joyal, Losier-Cool, Lovelace Nicholas, Mercer, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Poulin, Robichaud, Rompkey, Smith (Cobourg), Tardif—30
ABSTENTIONS
The Honourable Senators
Nil
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:50 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
March 24, 2011
Mr. Speaker:
I have the honour to inform you that the Honourable Rosalie Silberman Abella, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 24th day of March, 2011, at 4:02 p.m.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, March 24, 2011
An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act (Bill C-55, Chapter 12, 2011)
Bills
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill S-227, An Act to amend the Canada Elections Act (election expenses).
After debate,
The Honourable Senator Mercer 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. 2 to 4 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Mahovlich, for the second reading of Bill S-220, An Act to amend the Official Languages Act (communications with and services to the public).
After debate,
The Honourable Senator Mockler moved, seconded by the Honourable Senator Duffy, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 6 and 7 were called and postponed until the next sitting.
Commons Public Bills
Third reading of Bill C-442, An Act to establish a National Holocaust Monument.
The Honourable Senator Martin moved, seconded by the Honourable Senator Nolin, that the bill be read the third time.
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.
° ° °
Third reading of Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy).
The Honourable Senator Lang moved, seconded by the Honourable Senator Braley, 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.
° ° °
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the second reading of Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Smith (Saurel), moved, seconded by the
Honourable Senator Greene, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Duffy, Eaton, Finley, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Marshall, Martin, Meredith, Mockler, Neufeld, Nolin, Oliver, Patterson, Plett, Raine, Rivard, Runciman, Seidman, Stewart Olsen, Tkachuk, Wallace, Wallin—38
NAYS
The Honourable Senators
Banks, Callbeck, Chaput, Cordy, Cowan, Dallaire, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mercer, Mitchell, Munson, Murray, Pépin, Poulin, Robichaud, Rompkey, Tardif—25
ABSTENTIONS
The Honourable Senators
Nil
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-509, An Act to amend the Canada Post Corporation Act (library materials).
The Honourable Senator Plett moved, seconded by the Honourable Senator Seidman, that the bill be read the second time.
After debate,
The Honourable Senator Tardif 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.
Private Bills
Second reading of Bill S-1001, An Act respecting Queen's University at Kingston.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Day, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Cools, 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.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Consideration of the seventh report (interim) of the Standing Senate Committee on National Security and Defence, entitled: Sovereignty & Security In Canada's Arctic, tabled in the Senate on March 22, 2011.
After debate,
The Honourable Senator Wallin moved, seconded by the Honourable Senator Patterson, that the report be
adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 5 to 10 were called and postponed until the next sitting.
Other
Order No. 33 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the motion, as amended, of the Honourable Senator Finley, seconded by the Honourable Senator Greene:
That the Senate condemns the barbaric attacks on worshippers at two Ahmadiyya Mosques in Lahore, Pakistan;
That it expresses its condolences to the families of those injured and killed; and
That it urges the Pakistani authorities to ensure equal rights for members of minority communities, while ensuring that the perpetrators of these horrendous attacks are brought to justice.
After debate,
In amendment, the Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the motion,
as amended, be further amended in the third paragraph, by replacing all the words after "That it", with the words:
"asks the Government of Canada to urge the Pakistani authorities to ensure equal rights for members of minority communities, while ensuring that the perpetrators of these horrendous attacks are brought to justice.".
After debate,
The question being put on the motion in amendment, it was adopted.
The question then being put on the motion, as amended, of the Honourable Senator Finley, seconded by the Honourable Senator Greene:
That the Senate condemns the barbaric attacks on worshippers at two Ahmadiyya Mosques in Lahore, Pakistan;
That it expresses its condolences to the families of those injured and killed; and
That it asks the Government of Canada to urge the Pakistani authorities to ensure equal rights for members of minority communities, while ensuring that the perpetrators of these horrendous attacks are brought to justice.
The motion, as amended, was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to the online presence and website of the Senate.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Mitchell, 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 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 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 negatived on the following vote:
YEAS
The Honourable Senators
Banks, Callbeck, Chaput, Cools, Cordy, Cowan, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Hubley, Lovelace Nicholas, Mercer, Mitchell, Munson, Murray, Pépin, Poulin, Robichaud, Tardif—22
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Duffy, Eaton, Finley, Gerstein, Greene, Housakos, Jaffer, Lang, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Neufeld, Oliver, Patterson, Plett, Raine, Rivard, Runciman, Segal, Seidman, Stewart Olsen, Tkachuk, Wallace, Wallin—38
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed 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,
In amendment, the Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the motion
be amended by replacing all the words after "call upon" with the words:
"the Government of Canada to discuss with the Chinese Government the welfare of Mr. Liu Xiaobo.".
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, that further debate on the
motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 29 (inquiry), 83 (motion), 10, 30 and 39 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Eaton, calling the attention of the Senate to the benefits of Canada's oil sands.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that further debate on the
inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 24, 36, 38 and 3 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Hubley:
That the Senate, recognizing that the National Long Form Census is an irreplaceable tool for governments and organizations that develop policies to improve the well-being of all Canadians, urge the Government of Canada to reverse its decision to replace the long form census with a more costly and less useful national household survey.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Di Nino.
° ° °
Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the need to adequately support new mothers and fathers by eliminating the Employment Insurance two-week waiting period for maternity and parental benefits.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Wallin.
° ° °
Orders No. 17, 25, 26, 21 and 5 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Finley, calling the attention of the Senate to the issue of the erosion of Freedom of Speech in our country.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Comeau.
° ° °
Orders No. 28 (inquiry), 85 (motion), 34 (inquiry) and 88 (motion) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Callbeck called the attention of the Senate to the inequities of the Old Age Security Allowance for unattached, low-income seniors aged 60-64 years.
After debate,
The Honourable Senator Robichaud, P.C., 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.
° ° °
The Honourable Senator Mercer called the attention of the Senate to Canada's current level of volunteerism, the impact it has on society, and the future of volunteerism in Canada.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Hubley, 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 Dallaire moved, seconded by the Honourable Senator Day:
That the Senate of Canada call upon the Government of Canada to increase its support for the United Nations in resolving the ongoing political conflict in the Ivory Coast and that the Government also recognize and implement the doctrine of Responsibility to Protect in order to mitigate the potential for a catastrophic humanitarian disaster in that country.
After debate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Day, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for 2011-2015 and of the Capital Budget for 2011 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-965.
Report on the administration of the Canadian Forces Superannuation Act, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, ss. 57, 59.7 and 72. —Sessional Paper No. 3/40-966.
Report of the Public Service Staffing Tribunal for the fiscal year ended March 31, 2010, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 ``110(2)'' and 13.—Sessional Paper No. 3/40-967.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator LeBreton, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 9:58 p.m. the Senate was continued until 9 a.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Sibbeston replaced the Honourable Senator Dallaire (March 23, 2011).
The Honourable Senator Hubley replaced the Honourable Senator Banks (March 23, 2011).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Smith (Saurel) replaced the Honourable Senator Housakos (March 23, 2011).
The Honourable Senator Banks replaced the Honourable Senator Harb (March 23, 2011).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Rivard replaced the Honourable Senator Segal (March 24, 2011).
The Honourable Senator Segal replaced the Honourable Senator Stewart Olsen (March 24, 2011).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Segal (March 23, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Campbell replaced the Honourable Senator Hervieux-Payette, P.C. (March 24, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Plett replaced the Honourable Senator Manning (March 23, 2011).
The Honourable Senator Banks replaced the Honourable Senator Hubley (March 23, 2011).
The Honourable Senator Hubley replaced the Honourable Senator Banks (March 23, 2011).
The Honourable Senator Zimmer replaced the Honourable Senator Day (March 23, 2011).
The Honourable Senator Banks replaced the Honourable Senator Dallaire (March 23, 2011).