Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 10
Wednesday, June 22, 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, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, 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, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, 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, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, 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 the Speaker tabled the following:
Reports of the Office of the Information Commissioner of Canada for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-145.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Jaffer tabled the following (Sessional Paper No. 1/41-146S):
Wednesday, June 22, 2011
The Standing Senate Committee on Human Rights has the honour to table its
FIRST REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such matters as were referred to it, reports, pursuant to rule 104(2), that the expenses incurred for that purpose during the Third Session of the Fortieth Parliament are as follows:
1. With respect to its special study monitoring the issues relating to human rights and, inter alia, reviewing the machinery of government dealing with Canada's international and national human rights obligations:
Professional and Other Services $ —
Transportation and Communications —
All other expenditures —
Witness Expenses 4,770
TOTAL $ 4,770
2. With respect to its special study of the issue of the sexual exploitation of children in Canada:
Professional and Other Services $ —
Transportation and Communications —
All other expenditures —
Witness Expenses 2,169
TOTAL $ 2,169
In addition to the expenses for the examination of legislation and for its special studies as set out above, your committee also incurred general postal charges in the amount of $51.94.
Your committee reported the following bill without amendment but with observations:
Bill S-4, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.
Your committee also reported the following bill with amendments:
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).
During the session under consideration, your committee considered 8 orders of reference, including 2 bills, held 24 meetings and heard more than 44 hours of testimony from 100 witnesses. In total, your committee produced 7 reports.
Respectfully submitted,
MOBINA S.B. JAFFER
Chair
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Johnson tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Canadian/American Border Trade Alliance Conference, held in Washington D.C., United States of America, on September 21, 2010.—Sessional Paper No. 1/41-147.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Council of State Governments, Annual Conference, held in Providence, United States of America, from December 3 to 6, 2010.—Sessional Paper No. 1/41-148.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Canadian/American Border Trade Alliance Conference, held in Ottawa, Ontario, from May 1 to 3, 2011.—Sessional Paper No. 1/41-149.
The Honourable Senator Tardif tabled the following:
Report of the Canadian delegation of the Canada-France Inter-Parliamentary Association respecting its participation at the Meeting of the Standing Committee, held in Montreal, Quebec, from May 3 to 5, 2011.—Sessional Paper No. 1/41-150.
Notices of Motions
With leave of the Senate,
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler:
That rule 115 be suspended with respect to Bill S-1001, An Act respecting Queen's University at Kingston; and
That the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit on Thursday, June 23, 2011 from 1:30 p.m. even though the Senate may then be sitting, for the purpose of its consideration of Bill S-1001, with the application of rule 95(4) being suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard:
That, notwithstanding the Order of the Senate adopted on June 14, 2011, the Senate continue its proceedings today beyond 4 p.m.;
That at any time during the sitting, if either the Leader or Deputy Leader of the Government so request, the sitting be suspended to resume at the call of the chair with a fifteen minute bell;
That, notwithstanding rule 95(4), the committees scheduled to sit this afternoon be authorized to sit while the Senate is sitting, including the period the sitting is suspended;
That the application of rule 13(1) be suspended today; and
That the Senate adjourn only on a motion moved by the Leader or Deputy Leader of the Government in the Senate, but no later than the normal adjournment time according to rule 6(1).
The question being put on the motion, it was adopted.
Bills
Second reading of Bill C-3, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011.
The Honourable Senator Gerstein 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.
The bill was then read the second time.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Other
Order No. 4 (inquiry) was called and postponed until the next sitting.
Ordered, That Order No. 1 under GOVERNMENT BUSINESS, Motions, be again called.
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino:
That the following Address be presented to His Excellency the Governor General of Canada:
To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Comeau, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Other
Orders No. 6 and 2 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mahovlich:
That the Standing Senate Committee on Official Languages be authorized to study and to report on the application of the Official Languages Act and of the regulations and directives made under it, within those institutions subject to the Act;
That the committee also be authorized to study the reports and documents published by the Minister of Canadian Heritage and Official Languages, the President of the Treasury Board, and the Commissioner of Official Languages, and any other subject concerning official languages;
That the documents received, evidence heard and business accomplished on this subject by the committee since the beginning of the Second Session of the Fortieth Parliament be referred to the committee; and
That the committee report from time to time to the Senate but no later than September 30, 2012, and that the committee retain all powers necessary to publicize its findings until December 31, 2012.
The question being put on the motion, it was adopted
The Honourable Senator Wallin moved, seconded by the Honourable Senator Martin:
That the Standing Senate Committee on National Security and Defence be authorized to examine and report on Canada's national security and defence policies, practices, circumstances and capabilities; and
That the papers and evidence received and taken and the work accomplished by the committee on this subject since the beginning of the Third Session of the Fortieth Parliament be referred to the Committee.
The question being put on the motion, it was adopted
The Honourable Senator Wallin moved, seconded by the Honourable Senator Martin:
That the Standing Senate Committee on National Security and Defence be authorized to study:
(a) services and benefits provided to members of the Canadian Forces; to veterans who have served honourably in Her Majesty's Canadian Armed Forces in the past; to members and former members of the Royal Canadian Mounted Police and its antecedents; and all of their families;
(b) commemorative activities undertaken by the Department of Veterans' Affairs Canada, to keep alive for all Canadians the memory of Canadian veterans' achievements and sacrifices; and
(c) continuing implementation of the New Veterans' Charter;
That the papers and evidence received and taken and the work accomplished by the Committee on this subject during the Fortieth Parliament be referred to the Committee; and
That the Committee report to the Senate no later than June 17, 2012, and that the Committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:
That the Standing Senate Committee on Human Rights be authorized to examine and monitor issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the First Session of the Thirty-seventh Parliament be referred to the committee; and
That the committee submit its final report to the Senate no later than June 30, 2012.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon the issue of the sexual exploitation of children in Canada, with a particular emphasis on understanding the scope and prevalence of the problem of the sexual exploitation of children across the country and in particularly affected communities;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Fortieth Parliament be referred to the committee; and
That the committee submit its final report to the Senate no later than June 30, 2012, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
At 3:30 p.m., pursuant to the Order adopted earlier this day, the sitting was suspended to the call of the Chair.
At 4:11 p.m. the sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-2, An Act to amend the Criminal Code (mega- trials), to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Runciman moved, seconded by the Honourable Senator Plett, that the bill be read a second time now.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Kochhar, 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.
At 4:59 p.m., pursuant to the Order adopted earlier this day, the sitting was suspended to the call of the Chair.
At 7:55 p.m. the sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-8, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2012, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino, that the bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
A message was brought from the House of Commons with a Bill C-9, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2012, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino, that the bill be placed on the Orders of the Day for a second reading at 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):
Report in Response to the Kelowna Accord Implementation Act for the fiscal year ended March 31, 2011, pursuant to the Act, S.C. 2008, c. 23, s. 3.—Sessional Paper No. 1/41-131.
Report of the Canada Development Investment Corporation, together with the Auditor General's Report, for the year ended December 31, 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-132.
Report of the Royal Canadian Mint for the year ended December 31, 2010, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-133.
Reports of the Royal Canadian Mint for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-134.
Summaries of the Corporate Plan for 2011-2015 and of the Capital Budget for 2011 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/41-135.
Report of VIA Rail Canada Inc., together with the Auditor General's Report, for the year ended December 31, 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-136.
Report of Ridley Terminals Inc., 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. 150(1).—Sessional Paper No. 1/41-137.
Reports of Ridley Terminals Inc. for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-138.
Summaries of the Corporate Plan for 2010-2014 and of the Operating and Capital Budgets for 2010 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/ 41-139.
Interim Order Respecting Private Operators (JUS-81100-2-109), dated April 1, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 1/41-140.
Interim Order No. 2 Respecting Private Operators (JUS-81100-2-109-1), dated April 8, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 1/41-141.
Interim Order No. 3 Respecting Private Operators (JUS-81100-2-109-2), dated April 21, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 1/41-142.
Interim Order No. 4 Respecting Private Operators (JUS-81100-2-109-3), dated May 5, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 1/41-143.
Interim Order No. 5 Respecting Private Operators (JUS-81100-2-109-4), dated May 19, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 1/41-144.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Comeau:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:58 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Dawson replaced the Honourable Senator Munson (June 22, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Eaton replaced the Honourable Senator Finley (June 22, 2011).
The Honourable Senator Ringuette replaced the Honourable Senator Cordy (June 22, 2011).
The Honourable Senator Finley replaced the Honourable Senator Wallace (June 21, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Rivard replaced the Honourable Senator Nolin (June 21, 2011).
The Honourable Senator Manning replaced the Honourable Senator Segal (June 21, 2011).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Carignan replaced the Honourable Senator Greene (June 21, 2011)