Journals of the Senate
60 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 45
Tuesday, January 31, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Di Nino, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Di Nino, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, 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
INTRODUCTION OF SENATORS
The Honourable the Speaker informed the Senate that the Clerk of the Senate had received certificates from the Registrar General of Canada showing that:
Betty Unger,
JoAnne L. Buth,
Norman E. Doyle,
Asha Seth,
Ghislain Maltais, and
Jean-Guy Dagenais,
respectively, had been summoned to the Senate.
The Honourable the Speaker informed the Senate that there were Senators without waiting to be introduced.
The Honourable Senator Unger was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Brown, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:
CANADA
Louis Lebel
(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
BETTY UNGER
of Edmonton, in the Province of Alberta,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable Louis LeBel, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OTTAWA, this sixth day of January in the year of Our Lord two thousand and twelve and in the sixtieth year of Our Reign.
BY COMMAND,
CHRISTIAN PARADIS
Registrar General of Canada
The Honourable Senator Unger came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.
The Honourable Senator Buth was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Johnson, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:
CANADA
Louis LeBel
(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
JOANNE L. BUTH
of Winnipeg, in the Province of Manitoba,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable Louis LeBel, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OTTAWA, this sixth day of January in the year of Our Lord two thousand and twelve and in the sixtieth year of Our Reign.
BY COMMAND,
CHRISTIAN PARADIS
Registrar General of Canada
The Honourable Senator Buth came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.
The Honourable Senator Doyle was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Cochrane, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:
CANADA
Louis LeBel
(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
NORMAN E. DOYLE
of St. John's, in the Province of Newfoundland and Labrador,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable Louis LeBel, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OTTAWA, this sixth day of January in the year of Our Lord two thousand and twelve and in the sixtieth year of Our Reign.
BY COMMAND,
CHRISTIAN PARADIS
Registrar General of Canada
The Honourable Senator Doyle came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.
The Honourable Senator Seth was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Di Nino, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:
CANADA
Louis LeBel
(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
ASHA SETH
of Toronto, in the Province of Ontario,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable Louis LeBel, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OTTAWA, this sixth day of January in the year of Our Lord two thousand and twelve and in the sixtieth year of Our Reign.
BY COMMAND,
CHRISTIAN PARADIS
Registrar General of Canada
The Honourable Senator Seth came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.
The Honourable Senator Maltais was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Rivard, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:
CANADA
Louis LeBel
(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
GHISLAIN MALTAIS
of Québec, in the Province of Quebec,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada and We do appoint you for the Division of Shawinegan, in Our Province of Quebec.
AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable Louis LeBel, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OTTAWA, this sixth day of January in the year of Our Lord two thousand and twelve and in the sixtieth year of Our Reign.
BY COMMAND,
CHRISTIAN PARADIS
Registrar General of Canada
The Honourable Senator Maltais came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.
The Honourable Senator Dagenais was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Carignan, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:
CANADA
David Johnston
(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
JEAN-GUY DAGENAIS
of Blainville, in the Province of Quebec,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada and We do appoint you for the Division of Victoria, in Our Province of Quebec.
AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OUR GOVERNMENT HOUSE, this seventeenth day of January in the year of Our Lord two thousand and twelve and in the sixtieth year of Our Reign.
BY COMMAND,
CHRISTIAN PARADIS
Registrar General of Canada
The Honourable Senator Dagenais came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.
The Honourable the Speaker informed the Senate that the Honourable Senators introduced today had made and subscribed the Declaration of Property Qualification required of them by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, informed the Senate that, pursuant to the Orders adopted on June 21, 2011 and on December 15, 2011, the committee deposited with the Clerk of the Senate on December 22, 2011, its sixth report entitled: Opening the Door: Reducing Barriers to Post-Secondary Education in Canada.—Sessional Paper No. 1/41-656S.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to undertake a review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17), pursuant to section 72 of the said Act; and
That the committee submit its final report no later than May 31, 2012.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Jaffer presented a Bill S-208, An Act to amend the Patent Act and the Food and Drugs Act (drugs for international humanitarian purposes).
The bill was read the first time.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Sibbeston, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
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.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Orders No. 19 (motion), 9 (inquiry), 37 (motion), 15 (inquiry), 56 (motion), 3, 20, 23, 17, 8, 16, 14, 18 and 11 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Meighen called the attention of the Senate to the economic benefits of recreational Atlantic salmon fishing in Canada.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Moore, 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 Losier-Cool called the attention of the Senate to the evolution of education in the language of the minority.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that further debate on the inquiry 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):
Report of operations under the Export and Import Permits Act for the year 2009, pursuant to the Act, R.S.C. 1985, c. E-19, s. 27. —Sessional Paper No. 1/41-657.
Report of operations under the Export and Import Permits Act for the year 2010, pursuant to the Act, R.S.C. 1985, c. E-19, s. 27. —Sessional Paper No. 1/41-658.
Report of the five-year review of the Public Service Modernization Act, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "136'' and 13 and the Public Service Labour Relations Act, S.C. 2003, c. 22, s. 2 "252''.—Sessional Paper No. 1/41-659.
Code of Conduct for the Public Sector, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, sbs. 5(4). —Sessional Paper No. 1/41-660.
Amendments to the Management Plan for Red Bay National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(2).—Sessional Paper No. 1/41-661.
Reports of the Auditor General 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. 1/41-662.
Copy of the Regulations amending the Special Economic Measures (Syria) Regulations (P.C. 2011-1727), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1). —Sessional Paper No. 1/41-663.
Copy of the Regulations amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations (P.C. 2011-1666), pursuant to the Freezing Assets of Corrupt Foreign Officials Act, S.C. 2011, c. 10, s. 7.—Sessional Paper No. 1/41-664.
Report on the operations under the Canada Water Act for the fiscal year ended March 31, 2011, pursuant to the Canada Water Act, R.S.C. 1985, c. C-11, s. 38.—Sessional Paper No. 1/41-665.
Comprehensive report for 2011 of the Economic Development Agency of Canada for the Regions of Quebec, pursuant to the Economic Development Agency of Canada for the regions of Quebec Act, S.C. 2005, c. 26, ss.17(3) and (4).—Sessional Paper No. 1/41-666.
Report of the administration of the Firearms Act for the year 2010, pursuant to the Act, S.C. 1995, c. 39, sbs. 93(2).—Sessional Paper No. 1/41-667.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Dagenais:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:08 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 National Finance
The Honourable Senator Mockler replaced the Honourable Senator Dickson (January 30, 2012).
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Eggleton, P.C. (January 30, 2012).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Eggleton, P.C., was added to the membership (January 30, 2012).