Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 26
Monday, December 13, 2004
8:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, Downe, Fairbairn, Fitzpatrick, Forrestall, Furey, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Milne, Moore, Murray, Oliver, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Spivak, Stollery, Stratton
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, *Di Nino, Downe, Fairbairn, Fitzpatrick, Forrestall, *Fraser, Furey, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, *Kirby, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, *Merchant, Milne, Moore, *Munson, Murray, Oliver, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Spivak, Stollery, Stratton, *Tkachuk, *Trenholme Counsell
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-34, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2005, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-35, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2005, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Corbin, that the bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-36, An Act to change the boundaries of the Acadie—Bathurst and Miramichi electoral districts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Poy, 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.
A Message was brought from the House of Commons with a Bill C-20, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
A Message was brought from the House of Commons with a Bill C-18, An Act to amend the Telefilm Canada Act and another Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Stollery moved, seconded by the Honourable Senator Pépin:
That the Standing Senate Committee on Foreign Affairs have power to sit at 4 p.m. on Tuesday, December 14, 2004, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
A question of privilege was raised with respect to proceedings earlier in the sitting.
Debate.
SPEAKER'S RULING
While the normal practice is that questions of privilege are raised only with notice, there may be an exception. In any event, I can deal with this matter in that Senator Prud'homme has raised a grievance, in effect. For it to be a question of privilege that would require any action from the Senate pursuant to the provisions of rule 43, it would be a matter directly concerning the privileges of the Senate that is raised to seek a genuine remedy, which is in the Senate's power to provide and for which no other parliamentary process is reasonably available, and is raised to correct a grave and serious breach.
I cannot find that the putting of a question — perhaps it was serious, perhaps it was not serious, I am not sure — constitutes a grave and serious breach of the privileges of the Senate.
Therefore, while I appreciate the honourable senator raising the matter, it is in the nature of a grievance and not one which affects the privileges of all senators and rises to the test of a grave and serious breach.
MESSAGE FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return 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,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-5, An Act to provide financial assistance for post-secondary education savings.
The Honourable Senator Moore moved, seconded by the Honourable Senator Phalen, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Resuming debate on the motion of the Honourable Senator Sibbeston, seconded by the Honourable Senator Gill, for the second reading of Bill C-14, An Act to give effect to a land claims and self-government agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act and to make consequential amendments to other Acts.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Adams, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Motions
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That a Special Committee of the Senate be appointed to undertake a comprehensive review of the provisions and operation of the Anti-terrorism Act, (S.C. 2001, c.41);
That, notwithstanding rule 85(1)(b), the special committee comprise nine members namely the Honourable Senators Andreychuk, Day, Fairbairn, Fraser, Harb, Jaffer, Joyal, Kinsella and Lynch-Staunton and that four members constitute a quorum;
That the committee have power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;
That, notwithstanding rule 92(1), the committee be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That the committee submit its final report no later than December 18, 2005, and that the committee retain all powers necessary to publicize its findings until December 31, 2005; and
That the committee be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting, and that any report so deposited be deemed to have been tabled in the Chamber.
After debate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that the motion be amended in the third paragraph thereof by adding after the words ``papers and records,'' the words ``to adjourn from place to place within and outside Canada,''.
After debate,
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Losier-Cool:
That a Special Committee of the Senate be appointed to undertake a comprehensive review of the provisions and operation of the Anti-terrorism Act, (S.C. 2001, c.41);
That, notwithstanding rule 85(1)(b), the special committee comprise nine members namely the Honourable Senators Andreychuk, Day, Fairbairn, Fraser, Harb, Jaffer, Joyal, Kinsella and Lynch-Staunton and that four members constitute a quorum;
That the committee have power to send for persons, papers and records, to adjourn from place to place within and outside Canada, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;
That, notwithstanding rule 92(1), the committee be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That the committee submit its final report no later than December 18, 2005, and that the committee retain all powers necessary to publicize its findings until December 31, 2005; and
That the committee be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting, and that any report so deposited be deemed to have been tabled in the Chamber.
The motion as amended was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Murray, P.C., for the second reading of Bill S-12, An Act concerning personal watercraft in navigable waters.
After debate,
The Honourable Senator Rompkey, P.C., for the Honourable Senator Ringuette 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.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Order No. 58 (motion) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Andreychuk:
That the Government of Canada vigorously condemn the Burmese military junta's extension of pro-democracy leader Aung San Suu Kyi's term of house arrest and call for it immediately to revoke this measure, to introduce democratic reforms and to abide by its human rights obligations, and further that the Government of Canada, as an international leader in the defense of human rights and democratic institutions, make it an urgent priority to take action in the form of: implementation of effective economic measures against the military regime; increased diplomatic sanctions, including the exclusion of active participation of the Burmese military junta from trade and investment promotion events in Canada; and increased assistance to Burmese refugees in border regions of adjacent countries as well as with those in need within Burma through accountable non-governmental organizations and UN agencies.
The question being put on the motion, it was adopted.
Orders No. 10, 1 and 2 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Callbeck calling the attention of the Senate to the state of post-secondary education in Canada.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 4 (inquiry) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Stollery moved, seconded by the Honourable Senator Cook:
That the Standing Senate Committee on Foreign Affairs have power to sit at 5 p.m. on Wednesday, December 15, 2004, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report by the Minister of Canadian Heritage on official languages activities for the fiscal year ended March 31, 2004, pursuant to the Official Languages Act, S.C. 1995, c. 11 , s. 29. —Sessional Paper No. 1/38-330.
Report of the Administrator of the Ship-source Oil Pollution Fund for the fiscal year ended March 31, 2004, pursuant to the Marine Liability Act, S.C. 2001, c. 6, sbs. 100(2).—Sessional Paper No. 1/38-331.
Summary of the amended Corporate Plan for 2005-2009 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. 1/38-332.
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 10:43 p.m. the Senate was continued until 2 p.m. tomorrow.)