Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 62
Thursday, October 22, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Neufeld, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Raine, Ringuette, Rivard, Robichaud, Rompkey, Segal, Seidman, Smith, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brown, Callbeck, Campbell, Carignan, *Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, *Mahovlich, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Neufeld, Nolin, Ogilvie, *Oliver, Patterson, Pépin, Peterson, Plett, Raine, Ringuette, Rivard, Robichaud, Rompkey, Segal, Seidman, Smith, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, 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
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:36 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
October 21st, 2009
Mr. Speaker:
I have the honour to inform you that the Honourable Thomas Cromwell, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 21st day of October, 2009, at 5:36 p.m.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Wednesday, October 21, 2009
An Act to amend the Criminal Code (identity theft and related misconduct) (Bill S-4, Chapter 28, 2009)
An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody) (Bill C-25, Chapter 29, 2009)
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Government Response, dated October 22, 2009, to the fifth
report of the Standing Senate Committee on Legal and Constitutional Affairs,
entitled Equal Justice: Reforming Canada's System of Courts Martial,
tabled in the Senate on May 5, 2009. —Sessional Paper No. 2/40-797S.
(Pursuant to rule 131(4), the report and the response were deemed referred to
the Standing Senate Committee on Legal and Constitutional Affairs)
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Champagne, P.C., tabled the following:
Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Bureau Meeting and at the APF's XXXVth Session, held in Paris, France, from July 2 to 6, 2009. —Sessional Paper No. 2/40-798.
Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the XXVth Regional Assembly and at the APF's Conference of Branch Chairs of the America Region, held in Halifax, Nova Scotia, from September 16 to 19, 2009.—Sessional Paper No. 2/40-799.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Inquiries
The Honourable Senator Fortin-Duplessis called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Comeau concerning Canada's Economic Action Plan — A Third Report to Canadians, tabled in the House of Commons on September 28, 2009, by the Minister of Transport, Infrastructure and Communities, the Honourable John Baird, P.C., M.P., and in the Senate on September 29, 2009.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 24 were called and postponed until the next sitting.
Commons Public Bills
Second reading of Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).
The Honourable Senator Martin moved, seconded by the Honourable Senator Neufeld, that the bill be read the second time.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Nolin, 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
Orders No. 1 to 4 were called and postponed until the next sitting.
° ° °
Consideration of the second report of the Standing Senate Committee on Banking, Trade and Commerce, entitled: Recent Competition Act Changes: A Work in Progress, tabled in the Senate on June 9, 2009.
After debate,
The Honourable Senator Meighen moved, seconded by the Honourable Senator Neufeld, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Order No. 6 was called and postponed until the next sitting.
Other
Orders No. 21 (inquiry), 42, 68, 10, 8, 9, 51 (motions), 10 (inquiry), 7, 25 (motions), 17, 23, 13, 1, 25 (inquiries), 86 (motion), 27 (inquiry), 58, 73 and 13 (motions) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Hubley, calling the attention of the Senate to the Treaty on Cluster Munitions.
After debate,
The Honourable Senator Stratton, for the Honourable Senator Andreychuk, moved, seconded by the Honourable Senator Tkachuk, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 67 (motion) was called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Harb called the attention of the Senate to the need for the Government of Canada to take immediate action to help those Nortel employees and pensioners who are suffering financial hardship caused by the government's lack of action as this Canadian research and development flagship faces bankruptcy.
Debate concluded.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Frum:
That when the Senate adjourns today, it do stand adjourned until Tuesday, October 27, 2009, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Copy of Order in Council P.C. 2008-1598 dated September 4, 2008, directive regarding the review of policies and programs, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 89(4).—Sessional Paper No. 2/40- 794.
Report on the operations of the Exchange Fund Account, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the Currency Act, R.S.C. 1985, c. C-52, sbs. 21(1).—Sessional Paper No. 2/40- 795.
Proposed regulation amending the Immigration and Refugee Protection Regulations and Regulatory Impact Analysis Statement, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 2/40-796.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to subsection 12(1) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:
—By written declaration, dated October 6, 2009, in the Standing Senate Committee on Legal and Constitutional Affairs, the Honourable Senator Campbell (Bill S-226).
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Cochrane:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:19 p.m. the Senate was continued until Tuesday, October 27, 2009, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Fox, P.C., replaced the Honourable Senator Banks (October 21, 2009).
The Honourable Senator Banks replaced the Honourable Senator Fox, P.C. (October 21, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Banks replaced the Honourable Senator Fox, P.C. (October 21, 2009).
The Honourable Senator Fox, P.C., replaced the Honourable Senator Banks (October 21, 2009).