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59 Elizabeth II, A.D. 2011, Canada

Journals of the Senate
(Unrevised)

3rd Session, 40th Parliament


Issue 80

Tuesday, February 1, 2011
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Ataullahjan, Baker, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Chaput, Comeau, Cools, Cordy, Cowan, Dawson, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, St. Germain, Segal, Seidman, Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Ataullahjan, Baker, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, *Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dawson, *De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, *Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, St. Germain, Segal, Seidman, Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

PRAYERS

The Senate observed a minute of silence in memory of Corporal Steve Martin whose tragic death occurred while serving his country in Afghanistan.

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:

Larry W. Smith, and

Donald Meredith

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 Smith (Saurel) was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Housakos, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Marshall E. Rothstein
(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,

LARRY W. SMITH

of Hudson, 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 Saurel, 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 Marshall E. Rothstein, 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 eighteenth day of December 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 Smith (Saurel) 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 Meredith was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Oliver, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Marshall E. Rothstein
(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,

DONALD MEREDITH

of Richmond Hill, 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 Marshall E. Rothstein, 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 eighteenth day of December 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 Meredith 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

Tabling of Documents

The Honourable Senator Comeau tabled the following:

Document entitled Canada's Economic Action Plan — A Seventh Report to Canadians.—Sessional Paper No. 3/40- 894.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Rompkey, P.C., Chair of the Standing Senate Committee on Fisheries and Oceans, informed the Senate that, pursuant to the orders adopted by the Senate on March 25, 2010, and on December 14, 2010, the Committee had deposited with the Clerk of the Senate on December 20, 2010, its sixth report (interim) entitled: Seeing the Light: Report on Staffed Lighthouses in Newfoundland and Labrador and British Columbia. —Sessional Paper No. 3/40-895S.

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

°    °    °

The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, informed the Senate that, pursuant to the orders adopted by the Senate on June 28, 2010, and on December 8, 2010, the Committee had deposited with the Clerk of the Senate on December 29, 2010, its fifteenth report entitled: Canada's Response to the 2009 H1N1 Pandemic.—Sessional Paper No. 3/40-896S.

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Lovelace Nicholas, 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

A message was brought from the House of Commons with a Bill C-21, An Act to amend the Criminal Code (sentencing for fraud), to which it desires the concurrence of the Senate.

The bill was read the first time.

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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-5, An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999,

And to acquaint the Senate that the Commons has passed this bill, without amendment.

GOVERNMENT BUSINESS

Bills

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

Inquiries

Resuming debate on the inquiry of the Honourable Senator Comeau calling the attention of the Senate to the budget entitled, Leading the Way on Jobs and Growth, tabled in the House of Commons on March 4, 2010, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on March 9, 2010.

With leave of the Senate and pursuant to Rule 30, the inquiry was withdrawn.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 9 were called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Mockler, for the second reading of Bill S-222, An Act respecting a Tartan Day.

After debate,

The Honourable Senator Hubley 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. 11 was called and postponed until the next sitting.

Commons Public Bills

Orders No. 1 to 6 were called and postponed until the next sitting.

Reports of Committees

Orders No. 1 and 2 were called and postponed until the next sitting.

°    °    °

Consideration of the eighth report of the Standing Senate Committee on National Finance, entitled: The Costs and Benefits of Canada's One-Cent Coin to Canadian Tax Payers and the Overall Economy, tabled in the Senate on December 14, 2010.

The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, that the report be adopted.

After debate,

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

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

°    °    °

Orders No. 4 to 11 were called and postponed until the next sitting.

Other

Orders No. 84 (motion), 29 (inquiry), 83 (motion), 10 (inquiry), 72 (motion), 27, 3, 13, 24, 7, 23 (inquiries), 57 (motion), 12, 21, 17 (inquiries), 50 (motion), 11, 25, 26, 5, 14 and 8 (inquiries) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C.:

Whereas the Senate of Canada recognizes that brain conditions, including developmental, neurological and psychiatric diseases, disorders, conditions and injuries, are a priority health, social and economic issue threatening the well-being and productivity of Canadians;

Whereas 5.5 million Canadians are living with a neurological disease, disorder, or injury and an estimated one in three Canadians will be affected by a neurological or psychiatric disease, disorder or injury at some point in their life;

Whereas the federal government has a leadership and coordination role with regards to health care in Canada; and

Whereas a targeted, coordinated National Brain Strategy developed in collaboration with government, non-profit and private sector stakeholders and focusing on innovative approaches to address research, prevention, integrated care and support, caregiver support, income security, genetic discrimination and public education and awareness would minimize the impact of brain conditions in Canada;

Be it resolved that the Senate of Canada urge the Government to provide funding for the development of a National Brain Strategy for Canada; and

That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.

After debate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that further debate on the motion 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):

Order Amending Part II of Schedule I to the Hazardous Products Act (Consumer Products Containing Lead — Contact with Mouth), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1). —Sessional Paper No. 3/40-874.

Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2009, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 3/40-875.

Report on the operations under the Canada Water Act for the fiscal year ended March 31, 2010, pursuant to the Act, R.S.C. 1985, c. C-11, s. 38.—Sessional Paper No. 3/40-876

Report on the administration of the Canadian Environmental Protection Act, 1999, for the fiscal year ended March 31, 2010, pursuant to the Act, 1999, S.C. 1999, c. 33, sbs. 342(1).—Sessional Paper No. 3/40-877.

Report on the administration of the Species at Risk Act for the year 2009, pursuant to the Act, S.C. 2002, c. 29, s. 126.—Sessional Paper No. 3/40-878.

Actuarial Report on the Pension Plan for Federally Appointed Judges, and the certificate of assets of the Pension Plan 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. 3/40-879.

Debt Management Report for the fiscal year ended March 31, 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 49(1).—Sessional Paper No. 3/40-880.

Summaries of the Corporate Plan for 2010-2014 and of the Capital Budget for 2010 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 3/40-881.

Report on the administration of student financial assistance programs for the loan year 2008-2009, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, sbs. 20(1). —Sessional Paper No. 3/40-882.

Summaries of the Corporate Plan for the period 2010-2011 to 2014-2015 and of the Operating and Capital Budgets for 2010-2011 of the Blue Water Bridge Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 3/40-883.

Interim Order No. 5 Respecting Mail, Cargo and Baggage (JUS-81100-2-98), dated December 23, 2010, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 3/40-884.

Interim Order No. 6 Respecting Mail, Cargo and Baggage (JUS-81100-2-100), dated January 7, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 3/40-885.

Report of the National Capital Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 3/40-886.

Report of the Blue Water Bridge Authority, 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. 3/40-887.

Report of Marine Atlantic Inc. for the fiscal year ended March 31, 2010, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 3/40-888.

Summaries of the Corporate Plan for 2008-2012 and of the Operating and Capital Budgets for 2008 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/ 40-889.

Report on the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act for the fiscal year ended March 31, 2010, pursuant to the Act, S.C. 1988, c. 28, ss. 231 and 238.—Sessional Paper No. 3/40-890.

Report on the Canada-Newfoundland Atlantic Accord Implementation Act for the fiscal year ended March 31, 2010, pursuant to Act, S.C. 1987, c. 3, s. 226.—Sessional Paper No. 3/40-891.

Report on the administration and enforcement of the fish habitat protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2010, pursuant to Act, R.S.C. 1985, c. F-14, sbs. 42.1(1).—Sessional Paper No. 3/40-892.

Interim Order No. 7 Respecting Mail, Cargo and Baggage (JUS-81100-2-104), dated January 21, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 3/40-893.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 3:34 p.m. the Senate was continued until 1:30 p.m. tomorrow.)


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

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Gerstein replaced the Honourable Senator Plett (January 31, 2011).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Campbell replaced the Honourable Senator Peterson (January 27, 2011).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Finley replaced the Honourable Senator Raine (January 31, 2011).

The Honourable Senator De Bané, P.C., replaced the Honourable Senator Jaffer (December 17, 2010).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Downe replaced the Honourable Senator Mercer (December 15, 2010).

The Honourable Senator Jaffer replaced the Honourable Senator Mitchell (December 15, 2010).

The Honourable Senator Poulin replaced the Honourable Senator Dawson (December 15, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Gerstein replaced the Honourable Senator Andreychuk (January 31, 2011).

The Honourable Senator Finley replaced the Honourable Senator Ataullahjan (January 31, 2011).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Demers replaced the Honourable Senator Runciman (January 31, 2011).

The Honourable Senator Merchant replaced the Honourable Senator Peterson (December 17, 2010).

The Honourable Senator Runciman replaced the Honourable Senator Demers (December 16, 2010).

The Honourable Senator Peterson replaced the Honourable Senator Merchant (December 15, 2010).

The Honourable Senator Merchant replaced the Honourable Senator Cowan (December 15, 2010).


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