Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 3
Wednesday, April 5, 2006
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Forrestall, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Forrestall, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Senator C. William Doody, whose death occurred December 27, 2005.
The Senate observed a minute of silence in memory of the Honourable Senator Doody.
Tribute was paid to the memory of the Honourable Senator Shirley Maheu, whose death occurred February 1, 2006.
The Senate observed a minute of silence in memory of the Honourable Senator Maheu.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator LeBreton, P.C., tabled the following:
Document entitled: Conflict of Interest and Post-employment Code for Public Office Holders, dated 2006.—Sessional Paper No. 1/39-12.
The Honourable Senator Comeau tabled the following:
Copy of the Commission constituting the Honourable Marshall E. Rothstein, Puisne Judge of the Supreme Court of Canada, Deputy of the Governor General, to do in Her Excellency's name all acts on her part necessary to be done during Her Excellency's pleasure, dated March 22, 2006. —Sessional Paper No. 1/39-13S.
The said Commission is as follows:
CANADA
MICHAËLLE JEAN
(L.S.)
By Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
TO THE HONOURABLE MARSHALL E. ROTHSTEIN, a Puisne Judge of the Supreme Court of Canada.
GREETING:
KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Michaëlle Jean, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth II, under the Great Seal of Canada, dated the tenth day of September in the year of Our Lord two thousand and five, constituting and appointing me to be Governor General of Canada do hereby nominate, constitute and appoint you, Marshall E. Rothstein, to be my Deputy within Canada and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the power of dissolving the Parliament of Canada.
PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Michaëlle Jean, in person.
AND PROVIDED ALWAYS, that you, Marshall E. Rothstein, shall, during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me.
GIVEN under my hand and seal at Ottawa, this twenty-second day of March in the year of Our Lord two thousand and six and in the fifty-fifth year of Her Majesty's Reign.
BY COMMAND,
SUZANNE HURTUBISE
Deputy Registrar General of Canada.
With leave of the Senate,
The Honourable Senator Hays tabled the following:
Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to Ireland and Romania, at the invitation of the President of the Senate of Romania, from October 9 to 15, 2005.—Sessional Paper No. 1/39-14S.
Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to the Kingdom of the Netherlands, at the invitation of the President of the Senate (Eerste Kamer) of the Dutch Parliament (the State General), and to Switzerland, at the invitation of the President of the Council of States of Switzerland, from November 6 to 12, 2005.—Sessional Paper No. 1/39-15S.
Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, respecting its participation to the 23rd Presiding Officers' Conference held in Yellowknife, Northwest Territories, at the invitation of the Speaker of the Legislative Assembly of the Northwest Territories.—Sessional Paper No. 1/39-16S.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Ringuette presented a Bill S-201, An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and geographic criteria in appointment processes).
The bill was read the first time.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Losier-Cool, 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.
The Honourable Senator Banks presented a Bill S-202, An Act to repeal legislation that has not come into force within ten years of receiving royal assent.
The bill was read the first time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, 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.
The Honourable Senator Downe presented a Bill S-203, An Act to amend the Public Service Employment Act (priority for appointment for veterans).
The bill was read the first time.
The Honourable Senator Downe moved, seconded by the Honourable Senator Day, 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.
The Honourable Senator Grafstein presented a Bill S-204, An Act respecting a National Philanthropy Day.
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Bryden, 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.
The Honourable Senator Grafstein presented a Bill S-205, An Act to amend the Food and Drugs Act (clean drinking water).
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Bryden, 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.
The Honourable Senator Grafstein presented a Bill S-206, An Act to amend the Criminal Code (suicide bombings).
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Segal, 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.
The Honourable Senator Hervieux-Payette, P.C., presented a Bill S-207, An Act to amend the Criminal Code (protection of children).
The bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
Presentation of Petitions
The Honourable Senator Callbeck presented petitions:
Of Residents of the Province of Prince Edward Island concerning early learning and child care agreement.
ORDERS OF THE DAY
A point of order was raised regarding electronic disturbances in the Senate Chamber.
Debate.
SPEAKER'S RULING
I thank the Honourable Senator Carstairs for raising this matter at our session this afternoon, and I want to draw all honourable senators' attention to page 19 of our rule book, rule 19(4). It reads as follows:
No person, nor any Senator, shall bring any electronic device which produces any sound, whether for personal communication or other use, into the Senate Chamber, whether on the floor, inside the Bar, outside the Bar, or in the galleries.
Honourable senators, the reading of the rule is crystal clear, and I would encourage all honourable senators to act accordingly.
GOVERNMENT BUSINESS
Motions
Consideration of Her Excellency the Governor General's Speech from the Throne at the Opening of the First Session of the Thirty-ninth Parliament.
The Honourable Senator Champagne, P.C., moved, seconded by the Honourable Senator Segal:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Other
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Tkachuk:
That, pursuant to rule 85(1), the Honourable Senators Austin, P.C., Bacon, Carstairs, P.C., Champagne, P.C., Cook, Fairbairn, P.C., Oliver, Stratton and Tkachuk be appointed a Committee of Selection to nominate (a) a Senator to preside as Speaker pro tempore and (b) the Senators to serve on the several select committees, except the Committee on Conflict of Interest for Senators, during the present Session. The Committee of Selection will report with all convenient speed the names of the Senators so nominated.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2005, pursuant to the Act, S.C. 1992, c. 46, s. 67.—Sessional Paper No. 1/39-1.
Report on the Public Service Pension Plan for the fiscal year ended March 31, 2005, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 1/39-2.
Report on the administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2005, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 1/39-3.
Report on Crown Corporations and Other Corporate Interests of Canada for the year 2005, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 151(1).—Sessional Paper No. 1/39-4.
Report on the Marine Oil Spill Preparedness and Response Regime for 2002-2004, pursuant to the Canada Shipping Act, S.C. 2005, c. 29, s. 13.—Sessional Paper No. 1/39-5.
Copy of Order in Council P.C. 2006-91 dated February 6, 2006, repealing the Order in Council P.C. 2005-1688, dated September 29, 2005 (Ridley Terminals Inc.), pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 89(4). —Sessional Paper No. 1/39-6.
Summaries of the Amended Corporate Plan for 2005-2009 and of the Operating and Capital Budgets for 2005 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-7.
Amendments to the 2004-2008 Corporate Plan Summary of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-8.
Summaries of the Corporate Plan for the period 2005-2006 to 2009-2010 and of the Capital and Operating Budgets for 2005-2006 of the Canadian Air Transport Security Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-9.
Report on the administration of the Royal Canadian Mounted Police Superannuation Account, together with the Auditor General's Report, for the fiscal year ended March 31, 2005, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31.—Sessional Paper No. 1/39-10.
Summaries of the Corporate Plan for the period 2005-2006 to 2005-2010 and of the Operating and Capital Budgets for 2005-2006 of the Freshwater Fish Marketing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-11.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:57 p.m. the Senate was continued until 2 p.m. tomorrow.)