Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 99
Thursday, November 24, 2005
1:30 p.m.
The Honourable Shirley Maheu, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Forrestall, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Maheu, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Peterson, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, *Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Forrestall, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, *Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Maheu, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Peterson, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Maheu, Speaker pro tempore, took the Chair, pursuant to Rule 11.
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Government Response, dated November 22, 2005, to the third report (interim)
of the Standing Senate Committee on Fisheries and Oceans, entitled: Interim
Report on Canada's New and Evolving Policy Framework for Managing Fisheries and
Oceans, tabled in the Senate on May 19, 2005.—Sessional Paper No. 1/38-917S.
(Pursuant to Rule 131(4), the report and the response were deemed referred to
the Standing Senate Committee on Fisheries and Oceans.)
Document entitled: Lessons to be Learned: The report of the Honourable Bob Rae, Independent Advisor to the Minister of Public Safety and Emergency Preparedness, on outstanding questions with respect to the bombing of Air India Flight 182 (2005).—Sessional Paper No. 1/38-918.
Report of the President of the Treasury Board, entitled: Canada's Performance 2005.—Sessional Paper No. 1/38- 919.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its thirteenth report (Bill C-49, An Act to amend the Criminal Code (trafficking in persons) without amendment).
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Bacon, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its fourteenth report (Bill C-53, An Act to amend the Criminal Code (proceeds of crime) and the Controlled Drugs and Substances Act and to make consequential amendments to another Act, without amendment).
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Stollery presented the following:
Thursday, November 24, 2005
The Standing Senate Committee on Foreign Affairs has the honour to present its
NINTH REPORT
Your Committee, to which was referred Bill C-25, An Act Governing the Operation of Remote Sensing Space Systems, has, in obedience to the Order of Reference of Tuesday, November 1, 2005, examined the said Bill and now reports the same without amendment.
Attached as an appendix to this Report are the observations of your Committee on Bill C-25.
Respectfully submitted,
PETER A. STOLLERY
Chair
Observations Appended to the Ninth Report of the
Standing Senate Committee on Foreign Affairs
The Committee was advised by officials that it was not the purpose of clause 22 of the Act to second the use of a private sector satellite such as RADARSAT2 without appropriate compensation.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Day, Deputy Chair of the Standing Senate Committee on National Finance, presented its eighteenth report (Bill C-11, An Act to establish a procedure for the disclosure of wrongdoings in the public sector, including the protection of persons who disclose the wrongdoings, without amendment).
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its sixteenth report (fourth interim) entitled: A proposal to Establish a Canadian Mental Health Commission.—Sessional Paper No. 1/37-920S.
The Honourable Senator Kirby, moved, seconded by the Honourable Senator Poy, 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 Furey presented the following:
Thursday, November 24, 2005
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
THIRTEENTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2005-2006:
Conflict of Interest for Senators (Legislation)
Professional and Other Services $ 1,500 Transport and Communications — Other Expenditures — Total $ 1,500
Conflict of Interest for Senators (Legislation)
Professional and Other Services $ 50,000 Transportation and Communications — Other Expenditures — Total $ 50,000
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Bacon, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its seventeenth report (Bill C-55, An Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act and to make consequential amendments to other Acts without amendment but with observations).
(The report is printed as an appendix)
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Sibbeston presented the following:
Thursday, November 24, 2005
The Standing Senate Committee on Aboriginal Peoples has the honour to present its
SEVENTH REPORT
Your Committee, to which was referred Bill C-54, An Act to provide first nations with the option of managing and regulating oil and gas exploration and exploitation and of receiving moneys otherwise held for them by Canada, has, in obedience to the Order of Reference of Tuesday, November 22, 2005, examined the said Bill and now reports the same without amendment, but with observations, which are appended to this report.
Respectfully submitted,
NICK G. SIBBESTON
Chair
Observations Appended to the Seventh Report of the
Standing Senate Committee on Aboriginal Peoples
At its meeting of Wednesday, November 23, 2005, the Committee agreed to adopt Bill C-54 without amendment, but with the following observations:
Over the last number of years, a variety of non-derogation clauses have appeared in federal legislation. This has created uncertainty and concern for Aboriginal peoples that needs to be resolved.
On the matter of non-derogation, the Committee strongly recommends that a thorough study of non-derogation clauses be completed by the Senate Standing Committee on Legal and Constitutional Affairs as soon as possible but no later than June 30, 2006.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its twelfth report (Bill C-66, An Act to authorize payments to provide assistance in relation to energy costs, housing energy consumption and public transit infrastructure, and to make consequential amendments to certain Acts without amendment).
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, tabled its thirteenth report (interim) entitled: Water in the West: Under Pressure.—Sessional Paper No. 1/ 38-921S.
The Honourable Senator Banks, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Di Nino tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Fourth Winter Session of the Parliamentary Assembly of the Organization on Security and Cooperation in Europe, held in Vienna, Austria, on February 24 and 25, 2005.—Sessional Paper No. 1/38-922.
The Honourable Senator Day tabled the following:
Report on the Asia-Pacific Parliamentary Conference on Renewable Energies, which was held in Gifu, Japan, on June 4, 2005.—Sessional Paper No. 1/38—923.
The Honourable Senator Di Nino tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association concerning its participation at the Fourteenth Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly, held in Washington, D.C., United States, from July 1 to 5, 2005. —Sessional Paper No. 1/38-924.
The Honourable Senator Poy tabled the following:
Report of the ASEAN Inter-Parliamentary Organization respecting its participation at the twenty-sixth General Assembly, held in Vientiane, Laos, from September 18 to 23, 2005.—Sessional Paper No. 1/38-925.
The Honourable Senator Cordy tabled the following:
Report of the Delegation of the Canadian NATO Parliamentary Association respecting its participation at the 2005 Spring Session of the NATO Parliamentary Assembly, held in Ljubljana, Slovenia, from May 27 to 31, 2005.—Sessional Paper No. 1/38-926.
Presentation of Petitions
The Honourable Senator Comeau presented petitions:
Of Residents of the Province of Nova Scotia concerning the treatment of Autism.
The Senate observed a minute of silence to the memory of Private Braun Scott Woodfield, from Victoria, British Columbia, whose tragic death occurred today while serving his country in Afghanistan.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-37, An Act to amend the Telecommunications Act, as amended.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Downe, that the bill, as amended, be read the third time.
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.
Reports of Committees
Consideration of the second report of the Standing Joint Committee on the Library of Parliament (appointment of Mr. William Robert Young to the office of Parliamentary Librarian) presented in the Senate on November 23, 2005.
The Honourable Senator Trenholme Counsell moved, seconded by the Honourable Senator Hubley, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator Meighen, for the second reading of Bill S-45, An Act to amend the Canadian Human Rights Act.
Ordered, That bill S-45, be not now read a second time, but that the subject matter thereof be referred to the Standing Senate Committee on Human Rights; and that the Order to resume debate on the motion for the second reading of the bill remain on the Order Paper and Notice Paper.
Orders No. 6 to 14 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Other
Orders No. 23, 34, 2 (inquiries), 130, 113 (motions), 32 (inquiry), 119 (motion), 4, 27 (inquiries), 127 (motion), 24 (inquiry), 120 (motion), 21 and 22 (inquiries) were called and postponed until the next sitting.
Order No. 78 (motion) was called and pursuant to rule 27(3) was dropped from the Order Paper.
Orders No. 14 (inquiry) and 69 (motion) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Rompkey, P.C., for the Honourable Senator Di Nino moved, seconded by the Honourable Senator Kinsella:
That the Senate extend greetings and best wishes to the members of the Canadian Forces for their invaluable contribution to international peace and security;
That the Senate offer praise in particular to the brave group of men and women serving in Afghanistan, a dangerous and difficult mission, but one which is improving the lives of millions of Afghans and directly contributing to the safety and security of all Canadians; and
That a message be sent to the House of Commons requesting the House to unite with the Senate for the above purpose.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Management Plan of the Fort Langley National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 1/38-913.
Order amending Part I of Schedule I to the Hazardous Products Act (Ice Hockey Helmets), pursuant to the Act, R.S. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 1/38-914.
Summary of the Amendments to the 2005 Capital Budget for Loans and Investments and the 2005 Operating Budget of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/38-915.
Copy of Order in Council P.C. 2005-2112 dated November 21, 2005, concerning the Regulations Amending the Employment Insurance (Fishing) Regulations, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 153(3).—Sessional Paper No. 1/38-916.
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 3:33 p.m. the Senate was continued until 9 a.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Grafstein (November 23).
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Poulin (November 24).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Adams (November 23).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Dallaire (November 23).
The name of the Honourable Senator Baker substituted for that of the Honourable Senator Sibbeston (November 24).
Standing Senate Committee on National Finance
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Oliver (November 23).
The names of the Honourable Senators Ferretti Barth and Ringuette substituted for those of the Honourable Senators Cowan and Smith (November 24).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Tardif substituted for that of the Honourable Senator Zimmer (November 23).
The name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Tardif (November 24).