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Journals of the Senate

60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate

1st Session, 41st Parliament


Issue 26

Wednesday, November 2, 2011
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Banks, Braley, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oliver, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Banks, Braley, Brown, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, *Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, *Nolin, Ogilvie, Oliver, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, 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 Reports from Inter-Parliamentary Delegations

The Honourable Senator Rivard tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the 34th Annual Interparliamentary Meeting with the European Parliament's Delegation for relations with Canada and the Parliamentary Mission to Denmark, the next country to hold the rotating Presidency of the Council of the European Union, held in Strasbourg, France and Copenhagen, Denmark from September 10 to 17, 2011.—Sessional Paper No. 1/41-564.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Stewart Olsen, for the second reading of Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation 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 Marshall that the bill be referred to the Standing Senate Committee on Transport and Communications.

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

Orders No. 13 and 1 were called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Order No. 1 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Cordy, for the second reading of Bill S-202, An Act to establish and maintain a national registry of medical devices.

After debate,

The question being put on the motion, it was adopted, on division.

The bill was then read the second time, on division.

The Honourable Senator Harb moved, seconded by the Honourable Senator Dyck, 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.

o o o

Orders No. 3 and 4 were called and postponed until the next sitting.

Reports of Committees

Consideration of the third report of the Standing Senate Committee on Agriculture and Forestry (budget—study on Canada's agricultural sector—power to hire staff and to travel), presented in the Senate on November 1, 2011.

The Honourable Senator Mockler moved, seconded by the Honourable Senator Wallace, that the report be adopted.

The question being put on the motion, it was adopted.

o o o

Consideration of the second report of the Standing Senate Committee on Human Rights (budget—study on human rights obligations—power to hire staff and to travel), presented in the Senate on November 1, 2011.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Mercer, that the report be adopted.

The question being put on the motion, it was adopted.

o o o

Consideration of the fourth report of the Standing Senate Committee on National Finance (budget—study on cross border shopping—power to hire staff and to travel), presented in the Senate on November 1, 2011.

The Honourable Senator Day moved, seconded by the Honourable Senator Dawson, that the report be adopted.

The question being put on the motion, it was adopted.

o o o

Order No. 4 was called and postponed until the next sitting.

o o o

Consideration of the second report of the Standing Senate Committee on Foreign Affairs and International Trade (budget—study on the political and economic developments in Brazil—power to hire staff and to travel), presented in the Senate on October 27, 2011.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Angus, that the report be adopted.

The question being put on the motion, it was adopted.

o o o

Consideration of the fourth report of the Standing Senate Committee on Fisheries and Oceans (budget—study on the evolving policy framework for managing Canada's fisheries and oceans—power to hire staff and to travel), presented in the Senate on October 27, 2011.

The Honourable Senator Hubley moved, seconded by the Honourable Senator Downe, that the report be adopted.

The question being put on the motion, it was adopted.

o o o

Order No. 7 was called and postponed until the next sitting.

Other

Orders No. 37 (motion), 14, 3 (inquiries), 2 (motion), 7, 4, 10 and 6 (inquiries) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Hubley called the attention of the Senate to the 5th anniversary of the tabling of the Standing Senate Committee on Social Affairs, Science and Technology's report: Out of the Shadows at Last: Transforming Mental Health, Mental Illness and Addiction Services in Canada.

After debate,

The Honourable Senator Hubley moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Banks called the attention of the Senate to the importance of Canada's innate national modesty.

After debate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen, 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 Jaffer moved, seconded by the Honourable Senator Munson:

That the Government of Canada officially apologize in Parliament to the South Asian community and to the individuals impacted in the 1914 Komagata Maru incident.

After debate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:

That the Standing Senate Committee on Human Rights be authorized to invite the Minister of Indian Affairs and Northern Development to appear with his officials before the committee for the purpose of updating the members of the committee on actions taken concerning the recommendations contained in the committee's report entitled A Hard Bed to lie in: Matrimonial Real Property on Reserve, tabled in the Senate November 4, 2003; and

That the committee submit its final report to the Senate no later than June 30, 2012.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson:

That the Standing Senate Committee on Human Rights be authorized to monitor the implementation of recommendations contained in the committee's report entitled Children: The Silenced Citizens: Effective Implementation of Canada's International Obligations with Respect to the Rights of Children, tabled in the Senate on April 25, 2007; and

That the committee submit its final report to the Senate no later than June 30, 2012.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Chaput moved, seconded by the Honourable Senator Munson:

That the Standing Senate Committee on Official Languages be authorized to examine and report on Air Canada's obligations under the Official Languages Act;

That the documents received, evidence heard and business accomplished on this subject by the committee since the beginning of the Second Session of the Thirty-ninth Parliament be referred to the committee; and

That the committee report from time to time to the Senate but no later than March 31, 2012, and that the committee retain all powers necessary to publicize its findings until June 30, 2012.

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report on the Operation of the Immigration and Refugee Protection Act for the year 2011, pursuant to the Act, S.C. 2001, c. 27, sbs. 94(1).—Sessional Paper No. 1/41-563.

ADJOURNMENT

The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 3:15 p.m. the Senate was continued until tomorrow at 1:30 p.m.)

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Campbell (November 1, 2011).

Standing Senate Committee on National Finance

The Honourable Senator Gerstein replaced the Honourable Senator Wallace (November 1, 2011).

Standing Senate Committee on National Security and Defence

The Honourable Senator Rivard replaced the Honourable Senator Nolin (November 1, 2011).

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