Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 21
Wednesday, December 1, 2004
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Bryden, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Finnerty, Fraser, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Joyal, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercer, Milne, Moore, Murray, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, *Atkins, Austin, Bacon, Baker, *Banks, Bryden, *Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Finnerty, *Forrestall, Fraser, *Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, *Jaffer, Joyal, *Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, *Meighen, Mercer, Milne, Moore, *Munson, Murray, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of Mr. Pierre Berton, whose death occurred November 30, 2004.
Senators' Statements
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Notices of Motions
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 4 p.m. on Wednesday, December 1, 2004, even though the Senate may then be sitting and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Banking, Trade and Commerce have the power to sit at 4 p.m. today, Wednesday, December 1, 2004, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Pearson presented petitions:
Of Residents of Canada concerning Canada's National Plan of Action for Children entitled: A Canada Fit for Children.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill S-10, A second Act to harmonize federal law with the civil law of the province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., that the bill be read the third time.
After debate,
The Honourable Senator LeBreton for the Honourable Senator Nolin moved, seconded by the Honourable Senator Lynch-Staunton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third reading of 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 Honourable Senator Harb moved, seconded by the Honourable Senator Lavigne, that the bill be read the third time.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Losier- Cool, for the second reading of Bill S-18, An Act to amend the Statistics Act.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Plamondon, seconded by the Honourable Senator Ringuette, for the second reading of Bill S-19, An Act to amend the Criminal Code (criminal interest rate).
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 5 were called and postponed until the next sitting.
Second reading of Bill S-6, An Act to amend the Canada Transportation Act (running rights for carriage of grain).
The Honourable Senator Moore for the Honourable Senator Banks moved, seconded by the Honourable Senator Corbin, that the bill be read the second time.
After debate,
The Honourable Senator Moore for the Honourable Senator Banks moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 and 8 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 5 were called and postponed until the next sitting.
Consideration of the third report of the Committee of Selection (change of membership on Official Languages Committee) presented in the Senate on November 30, 2004.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Milne, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Resuming debate on the motion of the Honourable Senator Lavigne, seconded by the Honourable Senator Robichaud, P.C.:
That the Rules of the Senate be amended by adding after rule 135 the following:
135.1 Every Senator shall, after taking his or her Seat, take and subscribe an oath of allegiance to Canada, in the following form, before the Speaker or a person authorized to take the oath:
I, (full name of the Senator), do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Canada.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Gill, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6, 4 and 1 (inquiries) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Proposed Cigarette Ignition Propensity Regulations, pursuant to the Tobacco Act, S.C. 1997, C. 13, sbs. 42.1(1)—Sessional Paper No. 1/38-317.
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 3:52 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Poy (November 30).
Standing Senate Committee on National Finance
The names of the Honourable Senators Ferretti Barth and Carstairs substituted for those of the Honourable Senators De Bané and Lavigne (November 30).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Mercer (November 30).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Christensen (December 1).