Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 61
Tuesday, May 17, 2005
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, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Doody, Downe, Eggleton, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gill, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, 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, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Doody, Downe, Eggleton, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, *Forrestall, Fraser, Furey, Gill, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, *Kelleher, *Kenny, *Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, *Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, *Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Banks presented the following:
Tuesday, May 17, 2005
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its
SEVENTH REPORT
Your Committee, which was referred Bill C-15, An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environment Protection Act, 1999, has in obedience to the Order of Reference of Wednesday, February 2, 2005, examined the said Bill and now reports the same without amendment, but with observations, which are appended to this report.
Respectfully submitted,
TOMMY BANKS
Chair
Observations to the Seventh Report of the
Standing Senate Committee on Energy,
the Environment and Natural Resources
Your Committee subscribes unanimously to the objective of protecting migratory birds from pollution, and particularly as regards the present bill, from pollution at sea. We have, in our consideration of this bill, heard 42 witnesses in the course of 12 meetings, and make the following observations as part of our Report:
1. Surveillance and Enforcement
It is your Committee's unanimous view that the resources dedicated by the Government of Canada to the enforcement of environmental aspects of extant legislation, including the Migratory Birds Convention Act, the Canada Shipping Act, the Canada Environmental Protection Act, et al, are at present woefully inadequate, and that the Government must very substantially increase these resources, with a commensurate and meaningful commitment to use them assiduously.
New legislation with extended jurisdiction and increased penalties is of no effect whatever if it, and its predecessor legislation, are not enforced. If you have many speeders on a highway, and the speeders all know that there are never policemen or radar traps on that highway, then increasing the fine from $100 to $200 will not stop a single offender. Robust enforcement will.
The Honourable Stéphane Dion, Minister of the Environment, has told your Committee of an anticipated increase of $3,000,000.00 in resources for surveillance and enforcement. This is a tiny step in the right direction, but it is entirely inadequate to the task. For Canada's efforts to save our migratory birds to be effective, a significantly more serious commitment by the Government of Canada is required. The capabilities, in this specific respect, of the Canadian Coast Guard need very substantial upgrading, improvement, and critical mass.
The Committee will, as part of its ongoing reference, closely monitor the efficacy of Canada's surveillance and enforcement capabilities under the present and other environmental legislation.
2. The Charter
Environmental law in Canada, including the present bill, often incorporates the concept of strict liability, which entails the defence of due diligence. This defence relies upon a form of reverse onus, in that it permits an accused to defend against a charge by establishing that reasonable care was taken to avoid the commission of the offence. Your Committee has heard testimony which argues that, given the nature and extent of the penalties contained in Bill C-15, its strict liability provisions, particularly as against seafarers, may place it in constitutional jeopardy. The Government has given assurances that under the statutory and jurisprudential sentencing guidelines, and their policy for implementation of Bill C-15, care will be taken that its enforcement will not violate the Canadian Charter of Rights and Freedoms.
Close attention to this question will be paid by your Committee on an ongoing basis as the legislation is applied.
3. Canada's International Undertakings
Your Committee has heard testimony that C-15 contravenes certain of Canada's obligations, under the United Nations Convention on the Prevention of Pollution from Ships (MARPOL) and the United Nations Convention on the Law of the Sea (UNCLOS), particularly provisions which prescribe the circumstances in which detention, arrest, and imprisonment might occur. We are concerned that in ensuring that we honour international agreements to which we are signatory, and for practical and good commercial reasons, Canada should not allow any such contravention.
The Minister has given assurances to your Committee that the Government of Canada's prosecution, sentencing, and other policy guidelines will obviate this concern. This is very much to be hoped, because contraventions by Canada of our international commitments could have very serious legal and financial consequences.
Your Committee has heard that potential liability under Bill C-15 might act as a disincentive to salvors to attend at oil and other maritime pollution incidents for the purpose of containment and clean-up. Your Committee is concerned that the Government of Canada's prosecution, sentencing and other policy guidelines will obviate this concern.
Your Committee will follow surveillance, enforcement, prosecutions, and sentencing under C-15 with great interest and careful scrutiny. We hope that there will be surveillance and enforcement; and we expect that great care will be taken in prosecution and sentencing.
Your Committee intends to invite the Minister of the Environment to meet with the Committee within one year from the tabling of this Report to discuss progress on the implementation of Bill C-15 and the observations made herein.
The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights tabled its eighteenth report (interim) entitled: Canadian Adherence to the American Convention on Human Rights: It is time to proceed.—Sessional Paper No. 1/38-531S.
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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Andreychuk tabled the following:
Report of the Canadian Delegation of the Canada-Africa Parliamentary Association which visited South Africa on the occasion of the Third Session of the Pan-African Parliament held in Midrand, South Africa, from March 29 to April 1, 2005. —Sessional Paper No. 1/38-532.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-11, An Act to amend the Criminal Code (lottery schemes) as amended.
The Honourable Senator Lapointe, moved, seconded by the Honourable Senator Eggleton, P.C., 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 the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Christensen, for the second reading of Bill S-29, An Act respecting a National Blood Donor Week.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Cochrane, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Milne:
That the Standing Senate Committee on Agriculture and Forestry have the power to sit at 4:00 p.m. today Tuesday, May 17, 2005, 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.
Senate Public Bills
Orders No. 4 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Mercer, for the second reading of Bill S-22, An Act to amend the Canada Elections Act (mandatory voting).
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.
Orders No. 10 to 14 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Smith, P.C., seconded by the Honourable Senator Robichaud, P.C., for the adoption of the third report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Conflict of Interest Code for Senators), tabled in the Senate on May 11, 2005.
After debate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Stratton, 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 and 3 were called and postponed until the next sitting.
Other
Orders No. 94 (motion), 21, 6 (inquiries), 85, 78 (motions) and 11 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Cook:
That the Rules of the Senate be amended by replacing rule 32 with the following:
"32. (1) A Senator desiring to speak in the Senate shall rise in the place where that Senator normally sits and address the rest of the Senators.
(2) Any Senator who speaks in the Senate shall do so in one of the official languages.
(3) Notwithstanding subsection (2), a Senator desiring to address the Senate in Inuktitut shall so inform the Clerk of the Senate at least four hours before the start of that sitting of the Senate.
(4) The Clerk of the Senate shall make the necessary arrangements to provide interpretation of remarks made in Inuktitut into the two official languages.
(5) Remarks made in Inuktitut shall be published in the Debates of the Senate in the two official languages, with a note in the Journals of the Senate explaining that they were delivered in Inuktitut.''
After debate,
With leave of the Senate and pursuant to rule 30, the motion was modified to read as follows:
That the question that the Rules of the Senate be amended by replacing rule 32 with the following:
"32. (1) A Senator desiring to speak in the Senate shall rise in the place where that Senator normally sits and address the rest of the Senators.
(2) Any Senator who speaks in the Senate shall do so in one of the official languages.
(3) Notwithstanding subsection (2), a Senator desiring to address the Senate in Inuktitut shall so inform the Clerk of the Senate at least four hours before the start of that sitting of the Senate.
(4) The Clerk of the Senate shall make the necessary arrangements to provide interpretation of remarks made in Inuktitut into the two official languages.
(5) Remarks made in Inuktitut shall be published in the Debates of the Senate in the two official languages, with a note in the Journals of the Senate explaining that they were delivered in Inuktitut.''
be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion, as modified, it was adopted.
Orders No. 14, 20, 16 (inquiries), 69 (motion), 18, 22 (inquiries), 91, 58 (motions), 2, 15 and 4 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Prud'homme, P.C., calling the attention of the Senate to the Israeli-Palestinian question and Canada's responsibility.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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 4:58 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 Fisheries and Oceans
The name of the Honourable Senator Cowan substituted for that of the Honourable Senator De Bané (May 16).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Mitchell added to the membership (May 16).
The names of the Honourable Senators Baker and Stratton substituted for those of the Honourable Senators Peterson and Gustafson (May 17).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Massicotte (May 16).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Tardif substituted for that of the Honourable Senator Peterson (May 16).
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Tardif (May 17).
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Cowan and Rompkey substituted for those of the Honourable Senators Chaput and Lavigne (May 16).
The names of the Honourable Senators Losier-Cool, Adams, Lavigne, Finnerty and Kenny substituted for those of the Honourable Senators Adams, Losier-Cool, Rompkey, Hubley and Cowan (May 17).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator LeBreton (May 16).
The names of the Honourable Senators LeBreton and Pépin substituted for those of the Honourable Senators Stratton and Baker (May 17).