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59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate
(Unrevised)

3rd Session, 40th Parliament


Issue 30

Wednesday, May 26, 2010
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Patterson, Pépin, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, St. Germain, Segal, Seidman, Smith, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, *Nolin, Ogilvie, Patterson, Pépin, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, St. Germain, Segal, Seidman, Smith, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt

PRAYERS

The Senate observed a minute of silence in memory of Private Kevin Thomas McKay, Colonel Geoff Parker and Trooper Larry J. Rudd whose tragic deaths occurred recently while serving their country in Afghanistan.

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a certificate from the Registrar General of Canada showing that David Braley had been summoned to the Senate.

The Honourable the Speaker informed the Senate that there was a Senator without waiting to be introduced.

The Honourable Senator Braley was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator St. Germain, P.C., and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Michaëlle Jean
(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,

DAVID BRALEY

of Burlington, 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 Michaëlle Jean, 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 twentieth day of May in the year of Our Lord two thousand and ten and in the fifty-ninth year of Our Reign.

BY COMMAND,

TONY CLEMENT

Registrar General of Canada

The Honourable Senator Braley 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.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of documents

The Honourable the Speaker tabled the following:

Annual Report, Volume I, of the Commissioner of Official Languages for the fiscal year ended March 31, 2010, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th supp.), s. 66. —Sessional Paper No. 3/40-233.

°    °    °

The Honourable Senator Comeau tabled the following:

Document entitled: Proposed Canadian Securities Act.—Sessional Paper No. 3/40-234.

Supplementary Estimates (A) 2010-2011.—Sessional Paper No. 3/40-235.

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 fourth report (interim) entitled: The Management of Fisheries and Oceans in Canada's Western Arctic.—Sessional Paper No. 3/40-236S.

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Cordy, 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.

Introduction and First Reading of Government Bills

The Honourable Senator Comeau presented a Bill S-11, An Act respecting the safety of drinking water on first nation lands.

The bill was read the first time.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton, 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

Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Duffy, for the second reading of Bill S-9, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime).

After debate,

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

The bill was then read the second time.

The Honourable Senator Wallace moved, seconded by the Honourable Senator Frum, 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.

°    °    °

Orders No. 1, 3 and 4 were called and postponed until the next sitting.

Inquiries

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

OTHER BUSINESS

Senate Public Bills

Second reading of Bill S-218, An Act respecting Canada-Russia Friendship Day.

The Honourable Senator Stollery moved, seconded by the Honourable Senator Losier-Cool, that the bill be read the second time.

After debate,

The Honourable Senator Segal moved, seconded by the Honourable Senator Nancy Ruth, 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 9 were called and postponed until the next sitting.

Commons Public Bills

Orders No. 1 to 5 were called and postponed until the next sitting.

Reports of Committees

Consideration of the fourth report of the Standing Senate Committee on Social Affairs, Science and Technology (Health Canada's Proposal to Parliament for User Fees and Service Standards for Human Drugs and Medical Devices Programs), presented in the Senate on May 13, 2010.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Eggleton, P.C., that the report be adopted.

After debate,

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

°    °    °

Resuming debate on the motion of the Honourable Senator Smith, P.C., seconded by the Honourable Senator Fraser, for the adoption of the second report of the Standing Committee on Rules, Procedures and the Rights of Parliament (study on questions of privilege), presented in the Senate on April 27, 2010.

After debate,

In amendment, the Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fraser, that the report be not now adopted, but that it be referred back to the Standing Committee on Rules, Procedures and the Rights of Parliament for further study and debate.

The Honourable Senator Cools moved, seconded by the Honourable Senator McCoy, that the debate on the motion in amendment be adjourned until the next sitting.

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

°    °    °

Order No. 3 was called and postponed until the next sitting.

Other

Orders No. 9, 7, 10, 15, 8, 5, 12 (inquiries), 38, 37 (motions), 6 (inquiry) and 19 (motion) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Raine calling the attention of the Senate to the success of the 2010 Olympic Winter Games held in Vancouver, Richmond and Whistler from February 12 to 28 and, in particular, to how the performance of the Canadian athletes at the Olympic and Paralympic Games can inspire and motivate Canadians and especially children to become more fit and healthy.

After debate,

The Honourable Senator Munson 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.

°    °    °

A point of order was raised with respect to debate in the Senate.

After debate,

The Speaker reserved his decision.

°    °    °

Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Nolin:

That the Senate approve in principle the installation of equipment necessary for broadcast quality audio-visual recording of its proceedings and other approved events in the Senate Chamber and in no fewer than four rooms ordinarily used for meetings by committees of the Senate;

That for the purposes set out in the following paragraph, public proceedings of the Senate and of its Committees be recorded by this equipment, subject to policies, practices and guidelines approved from time to time by the Standing Committee on Internal Economy, Budgets and Administration ("the Committee'');

That proceedings categorized according to subjects of interest be prepared and made available for use by any television broadcaster or distributor of audio-visual programs, subject to the terms specified in any current or future agreements between the Senate and that broadcaster or distributor;

That such selected proceedings also be made available on demand to the public on the Parliamentary Internet;

That the Senate engage by contract a producer who shall, subject only to the direction of that Committee, make the determination of the program content of the proceedings of the Senate and of its committees on a gavel to gavel basis;

That equipment and personnel necessary for the expert preparation and categorization of broadcast-quality proceedings be secured for these purposes; and

That the Committee be instructed to take measures necessary to the implementation of this motion;

And on the motion in amendment of the Honourable Senator Banks, seconded by the Honourable Senator Moore, that the matter now before the Senate be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for study; and

That the committee submit its final report no later than September 15, 2010.

After debate,

With leave of the Senate and pursuant to rule 30, the motion in amendment was withdrawn.

The Senate resumed debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Nolin:

That the Senate approve in principle the installation of equipment necessary for broadcast quality audio-visual recording of its proceedings and other approved events in the Senate Chamber and in no fewer than four rooms ordinarily used for meetings by committees of the Senate;

That for the purposes set out in the following paragraph, public proceedings of the Senate and of its Committees be recorded by this equipment, subject to policies, practices and guidelines approved from time to time by the Standing Committee on Internal Economy, Budgets and Administration ("the Committee'');

That proceedings categorized according to subjects of interest be prepared and made available for use by any television broadcaster or distributor of audio-visual programs, subject to the terms specified in any current or future agreements between the Senate and that broadcaster or distributor;

That such selected proceedings also be made available on demand to the public on the Parliamentary Internet;

That the Senate engage by contract a producer who shall, subject only to the direction of that Committee, make the determination of the program content of the proceedings of the Senate and of its committees on a gavel to gavel basis;

That equipment and personnel necessary for the expert preparation and categorization of broadcast-quality proceedings be secured for these purposes; and

That the Committee be instructed to take measures necessary to the implementation of this motion.

After debate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton:

That the matter now before the Senate be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for study.

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

°    °    °

Orders No. 3 (inquiry) and 28 (motion) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Robichaud, P.C., calling the attention of the Senate to the importance to the Acadian people of the Acadian flag — a flag that brings people together.

After debate,

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


At 4 p.m., pursuant to the order adopted by the Senate on April 15, 2010, the Senate adjourned until 1:30 p.m. tomorrow.

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

Amended summaries of the Corporate Plan for 2009-2014 and of the Operating Budget for 2009-2010 of the Cape Breton Development Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-223.

Reports of the Bank of Canada for the year ended December 31, 2009, 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. 3/40-224.

Summaries of the Corporate Plan and the Operating and Capital Budget for 2010-2011 to 2014-2015 of the Business Development Bank of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-225.

Summaries of the Corporate Plan for 2010-2011 to 2014-2015 and the Operating and Capital Budgets for 2010-2011 of the Canada Employment Insurance Financing Board, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 3/40-226.

Report on the operations under the Canada Water Act for the fiscal year ended March 31, 2009, pursuant to the Act, R.S.C. 1985, c. C-11, s. 38.—Sessional Paper No. 3/40-227.

Report on the administration of the Canadian Environmental Protection Act, 1999 for the fiscal year ended March 31, 2009, pursuant to the Act, S.C. 1999, c. 33, sbs. 342(1).—Sessional Paper No. 3/40-228.

Report of the State of Protected Heritage Areas for 2009, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, s. 31. —Sessional Paper No. 3/40-229.

Reports of Farm Credit Canada for the fiscal year ended March 31, 2010, 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. 3/40-230.

Summaries of the Corporate Plan for 2010-2011 to 2014-2015 and of the Capital and Operating Budgets for 2010- 2011 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-231.

Summaries of the Corporate Plan for 2010-2011 to 2014-2015 and of the Capital and Operating Budgets for 2010- 2011 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-232.


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

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Tkachuk replaced the Honourable Senator Greene (May 25, 2010).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Neufeld replaced the Honourable Senator Nolin (May 13, 2010).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator MacDonald replaced the Honourable Senator Andreychuk (May 13, 2010).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Di Nino replaced the Honourable Senator Brazeau (May 13, 2010).

Standing Senate Committee on Human Rights

The Honourable Senator Dyck replaced the Honourable Senator Zimmer (May 13, 2010).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Carignan replaced the Honourable Senator Nolin (May 13, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Manning replaced the Honourable Senator Marshall (May 25, 2010).

The Honourable Senator Banks replaced the Honourable Senator Poulin (May 21, 2010).

Standing Senate Committee on National Security and Defence

The Honourable Senator Dickson replaced the Honourable Senator Meighen (May 25, 2010).

The Honourable Senator Pépin replaced the Honourable Senator Downe (May 13, 2010).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Plett replaced the Honourable Senator Keon (May 25, 2010).

The Honourable Senator Dawson replaced the Honourable Senator Cordy (May 25, 2010).

The Honourable Senator Callbeck replaced the Honourable Senator Mahovlich (May 13, 2010).

The Honourable Senator Demers replaced the Honourable Senator Greene (May 13, 2010).

The Honourable Senator Martin replaced the Honourable Senator Plett (May 13, 2010).

The Honourable Senator Keon replaced the Honourable Senator Raine (May 13, 2010).


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