Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 50
Thursday, April 14, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Fairbairn, Finnerty, Fitzpatrick, Fraser, Furey, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Kelleher, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Maheu, Mahovlich, Massicotte, McCoy, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Pearson, Pépin, Phalen, Pitfield, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, *Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Fairbairn, Finnerty, Fitzpatrick, *Forrestall, Fraser, Furey, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Kelleher, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Maheu, Mahovlich, Massicotte, McCoy, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, *Nolin, Pearson, Pépin, Phalen, Pitfield, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,
The Honourable Senator Ringuette tabled the following:
A resolution adopted by the Senate of Massachusetts (United States of America) March 16, 2005, concerning the International Day of la Francophonie (English text).—Sessional Paper No. 1/38-469S.
The Honourable Senator Rompkey, P.C., tabled the following:
Document relating to the Kyoto Agreement entitled "Moving Forward on Climate Change — A Plan for Honouring our Kyoto Commitment'', 2005.—Sessional Paper No. 1/38-470.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Thursday, April 14, 2005
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
EIGHTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2005-2006.
Aboriginal Peoples (Legislation)
Professional and Other Services $ 17,300 Transport and Communications 17,740 Other Expenditures 1,500 Total $ 36,540
(includes funds for conference attendance)
Banking, Trade and Commerce (Legislation)
Professional and Other Services $ 22,000 Transport and Communications — Other Expenditures 8,000 Total $ 30,000
GEORGE J. FUREY
Chair
The Honourable Senator Furey 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 St. Germain, P.C., Deputy Chair of the Standing Senate Committee on Aboriginal Peoples, presented its fifth report (budget—study on aboriginal communities and businesses in economic development activities).
(The report is printed as appendix "A'')
The Honourable Senator St. Germain, P.C., 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 Day, Deputy Chair of the Standing Senate Committee on National Finance, presented its seventh report (Bill C-8, An Act to amend the Financial Administration Act, the Canada School of Public Service Act and the Official Languages Act, without amendment).
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Watt, 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.
The Honourable Senator Di Nino, Deputy Chair of the Standing Senate Committee on Foreign Affairs, presented its fourth report (budget—study on the development and security challenges facing Africa—power to hire staff and travel).
(The report is printed as appendix "B'')
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Carney, 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 Di Nino, Deputy Chair of the Standing Senate Committee on Foreign Affairs, presented its fifth report (budget—study on foreign relations in general—power to hire staff and travel).
(The report is printed as appendix "C'' )
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Keon, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Day tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association respecting its participation at the Seventh Bilateral Meeting, held in Beijing, Chongqing, Hong Kong and Shenzhen, from October 29 to November 9, 2004.—Sessional Paper No. 1/38-471.
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group and of the Canada-China Legislative Association respecting its participation at the Thirteenth Annual Meeting of the Asia Pacific Parliamentary Forum, held in Ha Long City, Vietnam, from January 10 to 13, 2005. —Sessional Paper No. 1/38-472.
ORDERS OF THE DAY
A point of order was raised with respect to certain words used during Question Period on Wednesday, April 13, 2005.
Debate.
SPEAKER'S RULING
I thank Senator Tkachuk for raising the matter and honourable senators for reviewing the details of what transpired yesterday. The exchange I think speaks for itself.
Senator Stratton drew our attention to rule 51, which reads:
All personal, sharp or taxing speeches are forbidden.
That is the extent to which the presiding officer of the Senate can involve himself or herself in a matter such as this, other than to draw attention to the fact that such has occurred and that senators should judge themselves accordingly.
Senator Tkachuk made reference to rule 52, which reads:
A Senator considering himself or herself offended or injured in the Senate, in a committee room, or in any of the rooms belonging to the Senate, may appeal to the Senate for redress.
Rule 53 is also relevant in that it has the same language in referring to a senator appealing to the Senate.
The rules that Senator Tkachuk has drawn to our attention refer to the Senate as a whole, and I thank him for doing that. It is not for me to suggest how that might be done, but there are rules and procedures for a senator to proceed under rule 52 or other rules to request a remedy of the Senate.
In terms of the request to the chair to address the matter, my ruling is that it is not within the power of the chair to do other than what I have done on this occasion, and that is to draw attention to rule 51. The other matters are for the Senate itself or for a senator to use the rules to seek the remedies that are provided for in the rules.
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Furey, for the second reading of Bill C-3, An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Moore moved, seconded by the Honourable Senator Phalen, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
Order No. 1 was called and postponed until the next sitting.
Third reading of Bill C-29, An Act to amend the Patent Act, as amended.
The Honourable Senator Day moved, seconded by the Honourable Senator Dallaire, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill, as amended, 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, with certain amendments, to which it desires its concurrence.
Third reading of Bill C-12, An Act to prevent the introduction and spread of communicable diseases, as amended.
The Honourable Senator Keon moved, seconded by the Honourable Senator Gustafson, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill, as amended, 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, with certain amendments, to which it desires its concurrence.
Second reading of Bill C-30, An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., 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 Austin, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Order No. 5 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Forrestall, seconded by the Honourable Senator LeBreton, for the second reading of Bill S-26, An Act to provide for a national cancer strategy.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Carstairs, 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. 2 to 10 were called and postponed until the next sitting.
Private Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the consideration of the second report of the Standing Senate Committee on Agriculture and Forestry, entitled: Value-added Agriculture in Canada, tabled in the Senate on December 14, 2004.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Carstairs, P.C, that further debate on consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 15 (inquiry), 82 (motion), 4 (inquiry), 58, 85 (motions), 12, 6 (inquiries), 78, 69 (motions), 11 and 2 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Losier-Cool calling the attention of the Senate to the future national early learning and child care program, and in particular to the staff that will provide the services offered under this program.
Debate concluded.
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 Milne:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 19, 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 Royal Canadian Mint, together with the Auditor General's Report, for the year 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/38-467.
Report of the Canada Post Corporation, together with the Auditors' Report, for the year ended December 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/38-468.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Carstairs, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:06 p.m. the Senate was continued until Tuesday, April 19, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on the Anti-terrorism Act
The name of the Honourable Senator Cools substituted for that of the Honourable Senator Kinsella (April 13).
Standing Senate Committee on National Finance
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Ferretti Barth (April 13).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Lynch-Staunton (April 14).