Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 27
Tuesday, December 14, 2004
2:00 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, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Doody, Downe, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Furey, Gill, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Watt
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, De Bané, *Di Nino, Doody, Downe, *Eyton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gill, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, *Merchant, Milne, Moore, *Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, *Tkachuk, *Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Philippe Gigantès, former Senator, whose death occurred December 9, 2004.
Senators' Statements
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Tuesday, December 14, 2004
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SECOND REPORT
Your Committee recommends that the following funds be released for fiscal year 2004-2005.
Aboriginal Peoples (Legislation)
Professional and Other Services $ 10,300 Transportation and Communications 7,870 Other Expenditures 1,500 Total $ 19,670
Banking, Trade and Commerce (Legislation)
Professional and Other Services $ 6,800 Transportation and Communications — Other Expenditures 7,500 Total $ 14,300
Energy, the Environment and Natural Resources (Legislation)
Professional and Other Services $ 3,000 Transportation and Communications — Other Expenditures 1,000 Total $ 4,000
Legal and Constitutional Affairs (Legislation)
Professional and Other Services $ 21,500 Transportation and Communications 25,320 Other Expenditures 1,000 Total $ 47,820 (includes funds for conference attendance)
National Finance (Legislation)
Professional and Other Services $ 16,900 Transportation and Communications 5,000 Other Expenditures 500 Total $ 22,400
Official Languages (Legislation)
Professional and Other Services $ 7,000 Transportation and Communications 10,500 Other Expenditures 500 Total $ 18,000
Social Affairs, Science and Technology (Legislation)
Professional and Other Services $ 3,000 Transportation and Communications — Other Expenditures 1,000 Total $ 4,000
Transport and Communications (Legislation)
Professional and Other Services $ 5,000 Transportation and Communications — Other Expenditures 1,000 Total $ 6,000
Respectfully submitted,
GEORGE FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Kenny, 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 Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its fourth report (budget—release of additional funds (study on issues related to its mandate)—power to travel).
(The report is printed as appendix "A'' at page 316 (available in print format PDF))
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, 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 Corbin, Chair of the Standing Senate Committee on Official Languages, presented its third report (budget—study on the application of the Official Languages Act— power to hire staff).
(The report is printed as appendix "B'' at pages 317-322 (available in print format PDF))
The Honourable Senator Corbin moved, seconded by the Honourable Senator Mahovlich, 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, tabled its second report entitled: Value-added Agriculture in Canada—Sessional Paper No. 1/38-334S.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, presented its third report (budget—study on value-added agricultural, agri-food and forest products—power to hire staff).
(The report is printed as appendix "C'' at pages 323-327(available in print format PDF))
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Pépin, 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, presented its fourth report (budget—study on the present state and the future of agriculture and forestry in Canada—power to hire staff and travel).
(The report is printed as appendix "D'' at pages 328-333 (available in print format PDF))
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Bacon, 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 Carstairs, P.C., for the Honourable Senator Fraser, Chair of the Standing Senate Committee on Transport and Communications, presented its third report (budget—release of additional funds (study on current state of Canadian media industries)—power to travel).
(The report is printed as appendix "E'' at page 334 (available in print format PDF))
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Mahovlich, 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 Keon, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology presented its sixth report (budget—study on mental health—power to travel and hire staff).
(The report is printed as appendix "F'' at pages 335-341 (available in print format PDF))
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, tabled its fourth report (interim) entitled: On-Reserve Matrimonial Real Property: Still Waiting.—Sessional Paper No. 1/38-335S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Cochrane, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its fifth report (budget—release of additional funds (study on Canada's international obligations in regard to the rights and freedoms of children)—power to travel).
(The report is printed as appendix "G'' at page 342 (available in print format PDF))
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator St. Germain, P.C, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its sixth report (budget—release of additional funds (study on issues relating to human rights)).
(The report is printed as appendix "H'' at page 343 (available in print format PDF))
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Comeau, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its seventh report (budget—study on the Federal Public Service—power to hire staff).
(The report is printed as appendix "I'' at pages 344-348 (available in print format PDF))
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Oliver, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its eighth report (budget—study on an invitation to the Minister of Indian and Northern Affairs—power to hire staff).
(The report is printed as appendix "J'' at pages 349-353 (available in print format PDF))
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, 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 Grafstein Chair of the Standing Senate Committee on Banking, Trade and Commerce tabled its fourth report entitled: The Public Good and Private Funds: The Federal Tax Treatment of Charitable Giving by Individuals and Corporations.—Sessional Paper No. 1/38-336S.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its fifth report (budget—study on charitable giving—power to hire staff).
(The report is printed as appendix "K'' at pages 354-359 (available in print format PDF))
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Banks, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its sixth report (budget—study on the present state of the domestic and international financial system—power to hire staff).
(The report is printed as appendix "L'' at pages 360-364 (available in print format PDF))
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Poy, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its seventh report (budget—study on consumer issues arising in the financial services sector—power to hire staff).
(The report is printed as appendix "M'' at pages 365-370 (available in print format PDF))
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Day, 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 Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its fourth report (budget—release of additional funds (study on the national security policy for Canada)).
(The report is printed as appendix "N'' at page 371 (available in print format PDF))
The Honourable Senator Kenny moved, seconded by the Honourable Senator Furey, 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 Sibbeston, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its second report (budget—study on involvement of Aboriginal communities and businesses in economic development activities in Canada— power to hire staff and travel).
(The report is printed as appendix "O'' at pages 372-378 (available in print format PDF))
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Léger, 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-15, An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Hervieux-Payette, P.C., tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Forum of the Americas concerning its visit to the Mexican Congress, held in Mexico City, Mexico, from November 8 to 10, 2004.—Sessional Paper No. 1/38-337.
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting the Agricultural Tour for U.S. Congressional Staffers, held in Calgary, Alberta, from September 21 to 23, 2004.—Sessional Paper No. 1/38-338.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its attendance at the Atlantic Provinces Chambers of Commerce: Atlantica Prosperity Meeting, held in Bangor, Maine, from September 30 to October 1, 2004.—Sessional Paper No. 1/38-339.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of 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.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore 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.
Second reading of 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.
The Honourable Senator Day moved, seconded by the Honourable Senator Mahovlich, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Day moved, seconded by the Honourable Senator Maheu, 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.
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Order No. 6 (inquiry), was called and postponed until the next sitting.
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 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. 10, 1, 2 and 4 (inquiries) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Copies of the Rules amending the Federal Court Rules, 1998, made by the rules committee of the Federal Court of Appeal and the Federal Court on November 29, 2004, pursuant to the Federal Courts Act, R.S.C. 1985, c. F-7, sbs. 46(5).—Sessional Paper No. 1/38-333.
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 4:26 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 National Security and Defence
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Lynch-Staunton (December 13).
The name of the Honourable Senator Lynch-Staunton substituted for that of the Honourable Senator Nolin (December 14).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Fraser (December 13).
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Mahovlich (December 14).