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Journals of the Senate

54 Elizabeth II, A.D. 2005, Canada

Journals of the Senate

1st Session, 38th Parliament


Issue 96

Thursday, November 3, 2005
1:30 p.m.

The Honourable Daniel Hays, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, De Bané, Di Nino, Dyck, Eggleton, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Furey, Goldstein, Grafstein, Harb, Hays, Hubley, Joyal, Kenny, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Maheu, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Pearson, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Tardif, Tkachuk, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, *Day, De Bané, Di Nino, *Downe, Dyck, Eggleton, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Furey, *Gill, Goldstein, Grafstein, Harb, Hays, *Hervieux-Payette, Hubley, Joyal, Kenny, *Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Maheu, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, *Oliver, Pearson, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, *Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, *Stratton, Tardif, Tkachuk, Watt, Zimmer

PRAYERS

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

November 3, 2005

Mr. Speaker:

I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, will proceed to the Senate Chamber today, the 3rd day of November, 2005, at 3:45 p.m. for the purpose of giving Royal Assent to certain bills of law.

Yours sincerely,

Barbara Uteck

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

Ordered, That the Senate photographer be authorized to take photos during the Royal Assent ceremony today from the South Gallery.

SENATORS' STATEMENTS

Tributes

Tribute was paid to the Honourable Senator Pearson who will retire from the Senate on November 16, 2005.

Senators' Statements

As an expression of respect to Canada's War Veterans and War dead, tributes were paid.

Some honourable senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Human Rights, tabled its nineteenth report (interim) entitled: Who's in Charge Here? Effective Implementation of Canada's International Obligations with Respect to the Rights of Children.—Sessional Paper No. 1/38-869S.

With leave of the Senate,

The Honourable Senator Andreychuk, moved, seconded by the Honourable Senator Pearson, that the report be placed on the Orders of the Day for consideration later this day.

The question being put on the motion, it was adopted.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Poulin tabled the following:

Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the 2nd General Assembly of the Inter-Parliamentarians for Social Service Association, held in Seoul, Korea, from August 24 to 26, 2005.—Sessional Paper No. 1/38-870.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-38, An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries,

And to acquaint the Senate that the Commons has passed this bill, without amendment.


With leave,

The Senate reverted to Introduction and First Reading of Senate Public Bills.

The Honourable Senator Grafstein presented a Bill S-46, An Act respecting a National Philanthropy Day.

The bill was read the first time.

The Honourable Senator Grafstein moved, seconded by the Honourable Senator Mercer, 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

Motions

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:

That, pursuant to rule 95(3), during the period of Monday, November 14 to Monday, November 21, 2005 inclusive, the committees of the Senate be authorized to meet even though the Senate may then be adjourned for a period exceeding a week.

The question being put on the motion, it was adopted.

OTHER BUSINESS

Ordered, That the Order under Reports of Committees, set down on the Orders of the Day for consideration later this day, be brought forward.

Consideration of the nineteenth report (interim) of the Standing Senate Committee on Human Rights, entitled: Who's in Charge Here? Effective Implementation of Canada's International Obligations with Respect to the Rights of Children, tabled in the Senate earlier this day.

After debate,

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the consideration of the report be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Senate Public Bills

Orders No. 1 to 12 were called and postponed until the next sitting.

Order No. 13 (Bill S-32) was called and pursuant to rule 27(3) was dropped from the Order Paper.

Orders No. 14 and 15 were called and postponed until the next sitting.

Commons Public Bills

Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Keon, for the second reading of Bill C-259, An Act to amend the Excise Tax Act (elimination of excise tax on jewellery).

After debate,

The Honourable Senator LeBreton for the Honourable Senator Angus, moved, seconded by the Honourable Senator Eyton, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Reports of Committees

Orders No. 1 to 4 were called and postponed until the next sitting.

Other

Orders No. 130 and 113 (motions) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Andreychuk calling the attention of the Senate to the failure of the government to address the issue of climate change in a meaningful, effective and timely way and, in particular, to the lack of early government action to attempt to reach the targets set in the Kyoto Protocol.

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 Her Excellency the Governor General.

After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne,

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:

``It is the pleasure 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:

An Act to authorize the construction and maintenance of a bridge over the St. Lawrence River and a bridge over the Beauharnois Canal for the purpose of completing Highway 30 (Bill S-31, Chapter 37, 2005)

An Act to establish the Canada Border Services Agency (Bill C-26, Chapter 38, 2005)

An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries (Bill S-38, Chapter 39, 2005).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:—

``In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills.''

4:05 p.m.

The Commons withdrew.

After which Her Excellency the Governor General was pleased to retire.

Other

The Senate resumed debate on the inquiry of the Honourable Senator Andreychuk calling the attention of the Senate to the failure of the government to address the issue of climate change in a meaningful, effective and timely way and, in particular, to the lack of early government action to attempt to reach the targets set in the Kyoto Protocol.

Debate concluded.

Resuming debate on the inquiry of the Honourable Senator Callbeck calling the attention of the Senate to the present inequities of the Veterans Independence Program.

After debate,

The Honourable Senator Callbeck moved, seconded by the Honourable Senator Banks, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.


Ordered, That Motion No. 138 standing in the name of the Honourable Senator Kenny on the Notice Paper be brought forward.

MOTIONS

The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks:

That the Standing Senate Committee on National Security and Defence be permitted, notwithstanding usual practices, to deposit any report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the chamber.

The question being put on the motion, it was adopted.


Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.


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, November 22, 2005, at 2 p.m.

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 4:15 p.m. the Senate was continued until Tuesday, November 22, 2005, at 2 p.m.)


Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Champagne substituted for that of the Honourable Senator Angus (November 2).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Segal substituted for that of the Honourable Senator Kinsella (November 2).


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