Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 28
Wednesday, December 15, 2004
1:30 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, Christensen, Cochrane, Comeau, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, 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, Milne, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Buchanan, Callbeck, Carstairs, *Chaput, Christensen, Cochrane, Comeau, 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, *Merchant, Milne, *Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, *Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, pursuant to rule 95(3)(a), the Special Senate Committee on the Anti-terrorism Act be authorized to meet Thursday, December 16, 2004, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Milne presented petitions:
Of Residents of Canada concerning the Statistics Act (census records).
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third 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 Banks, that the bill be read the third time.
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.
Third 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 Maheu, that the bill be read the third time.
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.
Order No. 3 was called and postponed until the next sitting.
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
December 15, 2004
Mr. Speaker:
I have the honour to inform you that the Honourable Louise Charron, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, will proceed to the Senate Chamber today, the 15th day of December, 2004, at 5 p.m. for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Bills
Orders No. 4 to 6 were 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
Consideration of the second report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain committees) presented in the Senate on December 14, 2004.
The Honourable Senator Furey moved, seconded by the Honourable Senator Callbeck, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—release of additional funds (study on issues related to its mandate)—power to travel) presented in the Senate on December 14, 2004.
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Official Languages (budget—study on the application of the Official Languages Act—power to hire staff) presented in the Senate on December 14, 2004.
The Honourable Senator Corbin moved, seconded by the Honourable Senator Mahovlich, that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Consideration of the third report of the Standing Senate Committee on Agriculture and Forestry (budget—study on value-added agricultural, agri-food and forest products—power to hire staff) presented in the Senate on December 14, 2004.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., that the report be adopted.
After debate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on division.
The question then being put on the motion of the Honourable Senator Fairbairn, P.C., seconded by the Honourable Senator Carstairs, P.C., for the adoption of the third report of the Standing Senate Committee on Agriculture and Forestry, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on Agriculture and Forestry (budget—study on the present state and the future of agriculture and forestry in Canada—power to hire staff and travel) presented in the Senate on December 14, 2004.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Transport and Communications (budget—release of additional funds (study on current state of Canadian media industries)—power to travel) presented in the Senate on December 14, 2004.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Massicotte, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the sixth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on mental health—power to travel and hire staff) presented in the Senate on December 14, 2004.
The Honourable Senator Keon moved, seconded by the Honourable Senator Forrestall, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fourth report (interim) of the Standing Senate Committee on Human Rights, entitled: On- Reserve Matrimonial Real Property: Still Waiting, tabled in the Senate on December 14, 2004.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Senate Committee on Human Rights (budget—release of additional funds (study on Canada's international obligations in regard to the rights and freedoms of children)—power to travel) presented in the Senate on December 14, 2004.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the sixth report of the Standing Senate Committee on Human Rights (budget—release of additional funds (study on issues relating to human rights)) presented in the Senate on December 14, 2004.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the seventh report of the Standing Senate Committee on Human Rights (budget—study on the Federal Public Service—power to hire staff) presented in the Senate on December 14, 2004.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Comeau, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the eighth report of the Standing Senate Committee on Human Rights (budget—study on an invitation to the Minister of Indian and Northern Affairs—power to hire staff) presented in the Senate on December 14, 2004.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator LeBreton, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on Banking, Trade and Commerce, entitled: The Public Good and Private Funds: The Federal Tax Treatment of Charitable Giving by Individuals and Corporations, tabled in the Senate on December 14, 2004.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Maheu, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on charitable giving—power to hire staff) presented in the Senate on December 14, 2004.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the sixth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on the present state of the domestic and international financial system—power to hire staff) presented in the Senate on December 14, 2004.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the seventh report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on consumer issues arising in the financial services sector—power to hire staff) presented in the Senate on December 14, 2004.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Stollery, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds (study on the national security policy for Canada)) presented in the Senate on December 14, 2004.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks, that the report be adopted.
Debate.
Pursuant to rule 134(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of Her Excellency the Governor General.
After awhile, the Honourable Louise Charron, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of Her Excellency the Governor General, having come and being seated at the foot of the Throne,
The Honourable the Speaker commanded the Acting Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
``It is the desire of the Honourable the Deputy of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the titles of the bills to be assented to as follows:
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 (Bill S-10, Chapter 25, 2004)
An Act to provide financial assistance for post-secondary education savings (Bill C-5, Chapter 26, 2004),
To these bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:—
``In Her Majesty's name, the Honourable the Deputy of Her Excellency the Governor General doth assent to these bills.''
5:13 p.m.
The Speaker of the House of Commons addressed the Honourable the Deputy of Her Excellency the Governor General as follows:
``May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Honour the following bills:
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 (Bill C-34, Chapter 27, 2004)
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 (Bill C-35, Chapter 28, 2004),
To which bills I humbly request Your Honour's Assent.''
After one of the Clerks at the Table read the titles of the bills—
To these bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
``In Her Majesty's name, the Honourable the Deputy of Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these bills.''
5:16 p.m.
The Commons withdrew.
After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.
Reports of Committees
The Senate resumed debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Banks, for the adoption of the fourth report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds (study on the national security policy for Canada)) presented in the Senate on December 14, 2004.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that the fourth report of the Standing Senate Committee on National Security and Defence be amended in order to release $200,000 to the Standing Senate Committee on Fisheries and Oceans.
After debate,
With leave of the Senate, it was agreed that the motion in amendment be withdrawn and the subject matter thereof be referred to the Standing Committee on Internal Economy, Budgets and Administration.
The Senate resumed debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Banks, for the adoption of the fourth report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds (study on the national security policy for Canada)) presented in the Senate on December 14, 2004.
After debate,
The question being put on the motion, it was adopted.
Consideration of the second report of the Standing Senate Committee on Aboriginal Peoples (budget—study on involvement of Aboriginal communities and businesses in economic development activities in Canada—power to hire staff and travel) presented in the Senate on December 14, 2004.
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Watt, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on National Security and Defence, entitled: Canadian Security Guide Book, 2005 Edition: An Update of Security Problems in Search of Solutions tabled in the Senate on December 7, 2004.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Fairbairn, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 21 and 22 were called and postponed until the next sitting.
Consideration of the third report (first interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources entitled: The One-Tonne Challenge: Let's Get On With It!, tabled in the Senate on November 24, 2004.
The Honourable Senator Banks moved, seconded by the Honourable Senator Poulin, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 58 (motion), 6, 10, 1, 2 and 4 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Kenny moved, seconded by the Honourable Senator Furey:
That the Standing Senate Committee on National Security and Defence be empowered, in accordance with rule 95(3), to sit from Monday, January 31 to Thursday, February 3, 2005, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Stratton for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator LeBreton:
That the Standing Senate Committee on Human Rights be empowered, in accordance with rule 95(3), to sit Monday, January 31, 2005 even though the Senate may then be adjourned for a period exceeding one week.
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, February 1, 2005 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):
Report of the Canadian Institutes of Health Research, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Canadian Institutes of Health Research Act, S.C. 2000, c. 6, sbs. 32(2).—Sessional Paper No. 1/38-340.
Report on the Yukon Land Claim Agreements for the fiscal year ended March 31, 2002.—Sessional Paper No. 1/38- 341.
Report of the Nisga'a Final Agreement 2003.—Sessional Paper No. 1/38-342.
Report on the State of Inuit Culture and Society for the fiscal year ended March 31, 2003.—Sessional Paper No. 1/ 38-343.
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 5:50 p.m. the Senate was continued until Tuesday, February 1, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Mercer (December 14).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Rompkey (December 14).
The Special Senate Committee on the Anti-Terrorism Act
The names of the Honourable Senators Austin and Christensen substituted for those of the Honourable Senators Fraser and Harb (December 15).