Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 14
Wednesday, September 28, 2011
2:00 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, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Finley, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, 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, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Finley, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, 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 Chief Electoral Officer 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. 1/41-440.
Introduction and First Reading of
Government Bills
The Honourable Senator Carignan presented a Bill S-2, 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.
The bill was read the first time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard, 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 Di Nino tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the 2010 Trans-Asian Parliamentary Forum of the Organization for Security and Co-operation, held in Almaty, Kazakhstan, from May 14 to 16, 2010.—Sessional Paper No. 1/41-441.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the 2010 Fall Meetings of the Organization for Security and Co-operation Parliamentary Assembly, held in Palermo, Italy, from October 8 to 11, 2010.—Sessional Paper No. 1/41-442.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 21, dated June 26, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Moore, respecting Prime Minister Stephen Harper's attendance at a NHL game in Boston, Massachusetts, on June 8, 2011.—Sessional Paper No. 1/41-443S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator LeBreton, P.C.:
That, during the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 5(1)(a);
(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned;
(c) when the Senate sits past 4 p.m. on a Wednesday, committees scheduled to meet be authorized to do so, even if the Senate is then sitting, with the application of rule 95(4) being suspended in relation thereto; and
(d) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cordy, 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
Baker, Banks, Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Eggleton, Fraser, Harb, Hervieux-Payette, Hubley, Joyal, Losier-Cool, Lovelace Nicholas, Mercer, Merchant, Mitchell, Moore, Munson, Peterson, Poulin, Ringuette, Rivest, Robichaud, Watt, Zimmer—30
NAYS
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tkachuk, Verner, Wallace, Wallin—49
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator LeBreton, P.C.:
That, during the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 5(1)(a);
(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned;
(c) when the Senate sits past 4 p.m. on a Wednesday, committees scheduled to meet be authorized to do so, even if the Senate is then sitting, with the application of rule 95(4) being suspended in relation thereto; and
(d) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
After debate,
With leave of the Senate,
The Honourable Senator Cowan, for 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.
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Second reading of Bill S-204, An Act to establish a national strategy for chronic cerebrospinal venous insufficiency (CCSVI).
The Honourable Senator Cordy moved, seconded by the Honourable Senator Peterson, that the bill be read the second time.
After debate,
The Honourable Senator Andreychuk 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.
Reports of Committees
Consideration of the second report of the Standing Senate Committee on Agriculture and Forestry entitled: The Canadian Forest Sector: A Future Based on Innovation, deposited with the Clerk of the Senate on July 5, 2011.
The Honourable Senator Mockler moved, seconded by the Honourable Senator Wallace, that the report be adopted.
After debate,
The Honourable Senator Robichaud, P.C., 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.
Other
Order No. 4 (inquiry) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Carstairs, P.C., calling the attention of the Senate to the alarming number of aboriginal children in care in the Province of Manitoba and her concerns that the group think that brought about the residential schools and the sixties scoop may be at play again.
After debate,
The Honourable Senator Fraser 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.
Order No. 2 (inquiry) was called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE
CLERK OF THE SENATE PURSUANT
TO RULE 28(2):
Report on the applications for ministerial review (miscarriages of justice) for the fiscal year ended March 31, 2011, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, s. 696.5.—Sessional Paper No. 1/41-431.
Report of the Public Prosecution Service of Canada for the fiscal year ended March 31, 2011, pursuant to the Director of Public Prosecutions Act, S.C. 2006, c. 9, sbs. 16(2).—Sessional Paper No. 1/41-432.
Reports of the Department of Justice 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. 1/41-433.
Reports of the Canadian Human Rights Commission 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- 434.
Reports of the Canadian Human Rights Tribunal 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. 1/41-435.
Reports of the Public Prosecution Service 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- 436.
Actuarial Report (including the certificate of assets) on the Pension Plan for the Members of Parliament for the fiscal year ended March 31, 2010, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c.13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/41-437.
Reports of the Gwich'in Land Use Planning Board 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. 1/41-438.
Reports of the Enterprise Cape Breton Corporation for the fiscal year ended March 31, 2011, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/41-439.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:40 p.m. the Senate was continued until 2 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Stratton replaced the Honourable Senator Nolin (September 28, 2011).
The Honourable Senator Comeau replaced the Honourable Senator Segal (September 28, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Watt (September 27, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Peterson replaced the Honourable Senator Murray, P.C. (September 26, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Stratton replaced the Honourable Senator Nolin (September 28, 2011).