Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 78
Wednesday, June 29, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pearson, Pépin, Peterson, Phalen, Pitfield, Plamondon, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, *Banks, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pearson, Pépin, Peterson, Phalen, Pitfield, Plamondon, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
PRAYERS
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:33 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
June 28, 2005
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 28th day of June, 2005, at 5:30 p.m.
Yours sincerely,
Curtis Barlow
Deputy Secretary Policy, Program and Protocol
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Tuesday, June 28, 2005
An Act to implement certain provisions of the budget tabled in Parliament on February 23, 2005 (Bill C-43, Chapter 30, 2005)
An Act to amend the Statistics Act (Bill S-18, Chapter 31, 2005)
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,
The Honourable Senator Hays tabled the following:
Report of the Senate delegation, led by the Speaker of the Senate, which traveled to Japan from May 19 to 24, 2005, on the invitation of the President of the House of Councillors of Japan. —Sessional Paper No. 1/38-639S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its sixth report (Bill S-37, An Act to amend the Criminal Code and the Cultural Property Export and Import Act, without amendment).
The Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Eggleton, P.C., 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 Smith, P.C., presented the following:
Wednesday, June 29, 2005
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
FIFTH REPORT
Pursuant to its order of reference from the Senate dated June 16, 2005, your Committee is pleased to report as follows.
1. On June 16, 2005, the Senate adopted the following motion that had been introduced by Senator Rompkey:
That, in order to facilitate references to the various classes of bills introduced in the Senate, namely government bills, public bills or private bills presented by Senators, the Standing Committee on Rules, Procedures and the Rights of Parliament be authorized to examine and report upon establishing a new system of numbering for Senate bills.
2. On June 21, 2005, your Committee heard from Dr. Gary O'Brien, Deputy Clerk and Principal Clerk of the Senate, and Mr. Charles Robert, Principal Clerk, Procedure, of the Senate.
3. The Senate's current practice is to assign numbers sequentially to bills following their presentation. In other words, bills introduced in the Senate are numbered consecutively, with no indication as to whether they are government bills, Senate public bills, or private bills.
4. As Dr. O'Brien explained, Senate bills were originally designated by letters. This system remained until 1958, when Senate bills began to be identified numerically and divorce bills were distinguished from non-divorce bills. The lack of differentiation between different types of bills stems from the time when there was no procedural distinction between bills introduced by the Government or individual Senators.
5. In the House of Commons, since 1974, Government bills are numbered consecutively from C-2 to C-200, while private Members' bills are numbered consecutively from C-201 to C-1000. Although private bills are rarely introduced in the House, they are numbered beginning at C-1001.
6. The proposal is to develop a new numbering system for Senate bills. The classification of bills would avoid on- going confusion, facilitate references within Parliament and among the public, and clarify the applicable procedures.
7. Your Committee agrees that a new system of numbering Senate bills would be appropriate. After consideration of various options, including the practices in other legislatures, your Committee believes that the simplest solution would be to adopt a numbering system that parallels that of the House of Commons. (Bill S-1 would continue to the pro forma bill that is introduced at the beginning of each session of Parliament.)
Your Committee recommends that, beginning with the next session of Parliament, the Senate adopt a system for numbering Senate bills as follows:
S-2 to S-200 will be reserved for bills introduced by the Government;
S-201 to S-1000 will be reserved for Senate public bills introduced by individual Senators; and
S-1001 and up will be reserved for private bills.
Respectfully submitted,
DAVID P. SMITH
Chair
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Cordy, 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 Cochrane, Deputy Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its tenth report (Bill S-12, An Act concerning personal watercraft in navigable waters, without amendment).
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Comeau, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-38, An Act respecting certain aspects of legal capacity for marriage for civil purposes, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Grafstein, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill S-38, An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries, as amended.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Cowan, that the bill, as amended, be read the third time.
After debate,
The Honourable Senator Stratton, for the Honourable Senator Kelleher, P.C., 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.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Corbin, for the second reading of Bill C-26, An Act to establish the Canada Border Services Agency.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the bill be referred to the Standing Senate Committee on National Security and Defence.
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 5 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 6 (Bill S-34) remain on the Order Paper for another fifteen consecutive sitting days.
Orders No. 7 to 11 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 6 were called and postponed until the next sitting.
Consideration of the eighteenth report (interim) of the Standing Senate Committee on Human Rights, entitled: Canadian Adherence to the American Convention on Human Rights: It is time to proceed, tabled in the Senate on May 17, 2005.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator LeBreton:
That the report be adopted and that, pursuant to Rule 131(2), the Senate request a complete and detailed response from the Government, with the Minister of Foreign Affairs being identified as Minister responsible for responding to the report.
The question being put on the motion, it was adopted.
Other
Orders No. 18 (inquiry), 113 (motion), 6 (inquiry), 85 (motion), 23, 2, 25, 17, 26, 11, 15 (inquiries), 91 (motion) and 4 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Carstairs, P.C., calling the attention of the Senate to Still Not There. Quality End-of-Life Care: A Progress Report.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Pépin, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That notwithstanding rule 27(3), Order No. 21 (inquiry) remain on the Order Paper for another fifteen consecutive sitting days.
Order No. 22 (inquiry) was called and postponed until the next sitting.
Order No. 12 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
Orders No. 78 (motion), 14, 20 (inquiries) and 69 (motion) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Canadian Transportation Agency for the fiscal year ended March 31, 2005, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-636.
Summaries of the Corporate Plans for 2005-2006 to 2009-2010 and of the Operating and Capital Budgets for 2005- 2006 of the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-637.
Statutes of the Northwest Territories for April 2005, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N- 27, sbs. 21(1). —Sessional Paper No. 1/38-638.
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 2:56 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 Energy, the Environment and Natural Resources
The names of the Honourable Senators Peterson and Moore substituted for those of the Honourable Senators Banks and Christensen (June 28).
The names of the Honourable Senators Banks and Christensen substituted for those of the Honourable Senators Peterson and Moore (June 29).