Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 10
Thursday, October 28, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Bryden, Buchanan, Callbeck, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gill, Gustafson, Harb, Hays, Hubley, Kenny, Keon, Kinsella, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercer, Merchant, Moore, Morin, Murray, Oliver, Pépin, Pitfield, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, *Banks, Bryden, Buchanan, Callbeck, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, *Day, De Bané, Doody, *Downe, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gill, *Grafstein, Gustafson, Harb, Hays, Hubley, *Jaffer, Kenny, Keon, Kinsella, *Kirby, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercer, Merchant, *Milne, Moore, Morin, *Munson, Murray, Oliver, *Pearson, Pépin, Pitfield, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Calvin Ruck, former Senator, whose death occurred October 19, 2004.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker pro tempore informed the Senate that the Clerk of the Senate had tabled the following:
Statement of the Clerks Receipts and Disbursements for the year ended March 31, 2004, pursuant to the Senate Administrative Rules c. 3:05, para. 5.(1).—Sessional Paper No. 1/38-249S.
The Honourable Senator Rompkey, P.C., tabled the following:
Departmental Performance Reports for the period ended March 31, 2004:
Agriculture and Agri-Food Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Customs and Revenue Agency
Canada Economic Development for Quebec Regions
Canada Firearms Centre
Canada Industrial Relations Board
Canadian Artists and Producers Professional Relations Tribunal
Canada Centre for Management Development
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Forces Grievances Board
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Commission for Public Complaints Against the RCMP
Communication Canada
Competition Tribunal
Copyright Board Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Department of Justice Canada
Environment Canada
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Foreign Affairs Canada
Hazardous Materials Information Review Commission Canada
Health Canada
Human Resources and Skills Development Canada
Immigration and Refugee Board
Indian and Northern Affairs Canada and Canadian Polar Commission
Indian Residential Schools Resolution Canada
Industry Canada
Infrastructure Canada
International Trade Canada
Law Commission of Canada
Military Police Complaints' Commission of Canada
NAFTA Secretariat, Canadian Section
National Defence
National Energy Board
National Film Board
National Library of Canada and National Archives of Canada
National Parole Board
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs
Office of the Commissioner of Official Languages
Office of the Correctional Investigator
Office of the Superintendent of Financial Institutions Canada
Offices of the Information and Privacy Commissioners
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Safety and Emergency Preparedness Canada
Public Service Commission of Canada
Public Service Human Resources Management Agency of Canada
Public Service Staff Relations Board
Public Works and Government Services Canada
Royal Canadian Mounted Police
RCMP External Review Committee
Security Intelligence Review Committee
Social Development Canada
Social Sciences and Humanities Research Council of Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
The National Battlefields Commission
Transport Canada
Transportation Appeal Tribunal of Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Western Economic Diversification Canada.—Sessional Paper No. 1/38-250.
Annual Report to Parliament on Immigration for the year 2004, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 94(1).—Sessional Paper No. 1/38-251.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Keon, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its second report (Bill S-2, An Act to amend the Citizenship Act, without amendment).
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Cook, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
The Honourable Senator Rompkey, P.C. presented a Bill S-17, An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion.
The bill was read the first time.
The Honourable Senator Harb moved, seconded by the Honourable Senator Rompkey, P.C., 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Oliver tabled the following:
Report of the Canadian Group of the Inter-Parliamentary Union respecting its participation at the 110th Assembly and Related Meetings of the IPU, held in Mexico City, Mexico, from April 15 to 23, 2004.—Sessional Paper No. 1/38- 252.
With leave of the Senate,
The Honourable Senator Cochrane tabled the following:
Letters to the Prime Minister of Canada from the Premier of Newfoundland and Labrador concerning offshore resources. (English text)—Sessional Paper No. 1/38-253S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Chaput:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament,
And on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Stratton, that the following be added to the Address:
"and we urge Your Excellency's advisors, when implementing the details of their proposals, to review the Employment Insurance program to ensure that it remains well-suited to the needs of Canada's workforce, to reduce and improve the fairness of taxes, to be unwavering in the application of fiscal discipline, to examine the need and options for reform of our democratic institutions, including electoral reform, and to rise above partisanship to address the public interest;
That Your Excellency's advisors consider the advisability of the following:
1. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend measures that would ensure that all future uses of the employment insurance program would only be for the benefit of workers and not for any other purpose;
2. opportunities to further reduce the tax burden on low and modest income families consistent with the government's overall commitment to balanced budgets and sound fiscal management;
3. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to make recommendations relating to the provisions of independent fiscal forecasting advice for parliamentarians including the consideration of the recommendations of the external expert;
4. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend a process that engages citizens and parliamentarians in an examination of our electoral system with a review of all options;
5. with respect to an agreement on ballistic missile defence, the assurance that Parliament will have an opportunity to consider all public information pertaining to the agreement and to vote prior to a government decision;
And we ask Your Excellency's advisors to ensure that all measures brought forward to implement the Speech from the Throne, including those referred to above, fully respect the provinces' areas of jurisdiction and that the financial pressures some call the fiscal imbalance be alleviated.''
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that further debate on the motion in amendment 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 8 were called and postponed until the next sitting.
Other
Order No. 1 was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Keon for the Honourable Senator Kirby moved, seconded by the Honourable Senator Angus:
That the Standing Senate Committee on Social Affairs, Science and Technology have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Keon for the Honourable Senator Kirby moved, seconded by the Honourable Senator LeBreton:
That the Standing Senate Committee on Social Affairs, Science and Technology be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Hubley for the Honourable Senator Comeau moved, seconded by the Honourable Senator Chaput:
That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and report on issues relating to the federal government's new and evolving policy framework for managing Canada's fisheries and oceans; and
That the Committee submit its final report to the Senate no later than Friday, March 31, 2006.
The question being put on the motion, it was adopted.
The Honourable Senator Fraser for the Honourable Senator Banks moved, seconded by the Honourable Senator Keon:
That Bill S-5, An Act to repeal legislation that has not come into force within ten years of receiving royal assent, which was referred to the Standing Senate Committee on Transport and Communications, be withdrawn from the said Committee and referred to the Standing Senate Committee on Legal and Constitutional Affairs.
After debate,
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Tuesday, November 2, 2004 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):
Reports of the Department of International Trade Canada for the period of December 12, 2003 to March 31, 2004, 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. 1/38-244.
Reports of the Public Service Integrity Officer for the fiscal year ended March 31, 2004, 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. 1/38-245.
Report of the Canadian Broadcasting Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Broadcasting Act, R.S.C. 1985, c. B-9, sbs. 39(2).—Sessional Paper No. 1/38- 246.
Report of the National Film Board of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(2).—Sessional Paper No. 1/38-247.
Reports of the Department of Transport for the fiscal year ended March 31, 2004, 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. 1/38-248.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:42 p.m. the Senate was continued until Tuesday, November 2, 2004 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Kinsella (October 27).