Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 5
Tuesday, April 25, 2006
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Biron, Bryden, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Forrestall, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Gustafson, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Biron, Bryden, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Forrestall, Fortier, Fox, Fraser, Furey, Gill, Goldstein, *Grafstein, Gustafson, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, *Nolin, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
The Senate observed a minute of silence in memory of the victims of the Holocaust.
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Ian D. Sinclair, former Senator, whose death occurred April 7, 2006.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
2006-2007 Estimates, Parts I and II: The Government Expense Plan and Main Estimates.—Sessional Paper No. 1/ 39-28.
Statement on the Use of Governor General Special Warrants for the fiscal years ending March 31, 2006 and March 31, 2007, pursuant to the Financial Administration Act, R.S.C., 1985, c. F-11, sbs. 30(3).—Sessional Paper No. 1/39-29.
Presentation of Reports from Standing or Special Committees
The Honourable Senator St. Germain, P.C. tabled the following (Sessional Paper No. 1/39-30S):
Tuesday, April 25, 2006
The Standing Senate Committee on Aboriginal Peoples has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104 of the Rules, that the expenses incurred by the Committee during the First Session of the Thirty-eighth Parliament are as follows:
1. With respect to its examination of legislation:
Professional and other services: $ 5,123.20 Transportation and Communications: — Other expenditures: — Witness expenses: 19,538.45 TOTAL: $ 24,661.65
2. With respect to its special study on the involvement of Aboriginal communities and businesses in economic development (authorized by the Senate on November 4, 2004):
Professional and other services: $ 34,375.01 Transportation and Communications: 92,014.73 Other Expenditures: 6,371.89 Witness Expenses: 21,889.94 TOTAL: $ 154,651.57
The Committee received seven orders of reference from the Senate during the session in question. Four bills were referred to the Committee (C-14, C-20, C-54 and C-56). It held 42 meetings during this period, receiving evidence from 182 witnesses and submitted 7 reports to the Senate dealing with its work.
Respectfully submitted,
GERRY ST. GERMAIN
Chair
The Honourable Senator Kirby tabled the following (Sessional Paper No. 1/39-31S):
Tuesday, April 25, 2006
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to table its
FIRST REPORT
Your Committee, which was authorised by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-eighth Parliament are as follow:
1. With respect to its examination and consideration of legislation:
Professional and Other Services: $ — Transport and Communications: 5,111.53 Other Expenditures: — Witness Expenses: 2,989.00 TOTAL: $ 8,100.53
2. With respect to its special study on mental health and mental illness:
Professional and Other Services: $ 251,968.51 Transport and Communications: 167,840.33 Other Expenditures: 14,124.95 Witness Expenses: 54,196.00 TOTAL: $ 488,129.79
During the session in question, your Committee received 14 orders of reference, held 58 meetings, and received evidence from 330 witnesses over a period of approximately 137 hours. Twelve bills were referred to the Committee. In total, your Committee produced 16 reports.
Respectfully submitted,
MICHAEL KIRBY
Chair
The Honourable Senator Day tabled the following (Sessional Paper No. 1/39-32S):
Tuesday, April 25, 2006
The Standing Senate Committee on National Finance has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of the estimates and legislation referred to it, reports pursuant to rule 104 of the Rules of the Senate, that the expenses incurred by the Committee during the First Session of the Thirty-eighth Parliament are as follows:
1. With respect to its consideration of estimates and legislation:
Professional and Other Services: $ 55,378.64 Transport and Communications: 18,959.07 Other Expenditures: — Witness Expenses: 5,495.63 TOTAL: $ 79,833.34
Your Committee held 49 meetings, during which it heard 129 witnesses and presented 18 reports during the session. The Committee examined 9 bills: C-24, C-8, C-30, C-33, C-45, C-9, C-43, C-48, and C-11.
It reviewed the Main Estimates for 2004-2005 and for 2005-2006, as well as Supplementary Estimates for these years. In total, eight reports were presented on the Estimates, including an interim report on the Main Estimates 2005- 2006 regarding the funding of Foundations and another regarding the budgets of the Officers of Parliament.
Respectfully submitted,
JOSEPH A. DAY
Chair
The Honourable Senator Di Nino tabled the following (Sessional Paper No. 1/39-33S):
Tuesday, April 25, 2006
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to table its
FIRST REPORT
Pursuant to rule 104, your Committee reports that the expenses incurred by the Committee during the First Session of the Thirty-eighth Parliament were as follows:
Professional & Other Services: $ 11,809 Witness Expenses: 2,250 TOTAL: $ 14,059
Your Committee's First Report, which was tabled in the Senate on October 26, 2004, included an updated version of the Rules of the Senate dated October 2004.
The Second Report of your Committee was the report pursuant to rule 104 of the Senate of the expenses incurred by the Committee during the Third Session of the 37th Parliament. The Report was tabled in the Senate on October 26, 2004.
Your Committee's Third Report recommended the adoption of a Conflict of Interest Code for Senators. It was the culmination of many months of work by members of your Committee. The Report was presented in the Senate on May 11, 2005, and was adopted by the Senate on May 18, 2005.
Your Committee's Fourth Report, which was presented in the Senate on June 9, 2005, recommended an amendment to rule 96 the Rules of the Senate to the effect that a committee not be allowed to dispense with clause-by-clause consideration of a bill except with leave of its members present. The Report was agreed to by the Senate on June 14, 2005.
The Fifth Report of your Committee, which was presented in the Senate on June 29, 2005, concerned the numbering of bills in the Senate. It was adopted by the Senate, without debate, on June 30, 2005.
Your Committee's Sixth Report included the tabling of the October 2005 version of the Rules of the Senate. It was tabled in the Senate on October 18, 2005.
Your Committee tabled its Seventh Report, dealing with the participation of Senators via telephone and videoconference at committee meetings on November 22, 2005. This report was not debated or adopted by the Senate.
Respectfully submitted,
CONSIGLIO DI NINO
Chair
The Honourable Senator Andreychuk tabled the following (Sessional Paper No. 1/39-34S):
Tuesday April 25, 2006
The Standing Senate Committee on Human Rights has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104 of the Rules, that the expenses incurred by the Committee during the First Session of the Thirty-eighth Parliament are as follows:
1. With respect to its study on Canada's international obligations in regards to the rights and freedoms of children:
Transportation & Communications: $ 207,828.57 Professional and Other Services: 67,543.64 All Other expenditures: 3,839.15 Witness expenses: 10,965.05 TOTAL: $ 290,176.41
2. With respect to its study to invite the Minister of Indian and Northern Affairs concerning the recommendations contained in the Committee's report entitled A Hard Bed to lie in: Matrimonial Real Property on Reserve:
TOTAL: $ 0
3. With respect to its study to monitor issues relating to human and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations:
Transportation & Communications: $ 49.96 Professional and Other Services: 14,242.32 TOTAL: $ 14,292.28
4. With respect to its study to invite from time to time the President of Treasury Board, the President of the Public Service Commission for the purpose of examining cases of alleged discrimination in the hiring and promotion practices of the Federal Public Service:
Professional and Other Services: $ 68.75 TOTAL: $ 68.75
During the session under consideration, your Committee considered four orders of reference, held 30 meetings, and received evidence from 135 witnesses over some 57 hours. Your Committee submitted nineteen reports relating to its work.
Respectfully submitted,
RAYNELL ANDREYCHUK
Chair
The Honourable Senator Chaput tabled the following (Sessional Paper No. 1/39-35S):
Tuesday, April 25, 2006
The Standing Senate Committee on Official Languages has the honour to table its
FIRST REPORT
Your Committee, which was authorised by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-eighth Parliament are as follow:
1. With respect to its examination of legislation:
Professional and other services: $ 476.18 Transportation and Communications: — Other expenditures: — Witness expenses: — TOTAL: $ 476.18
2. With respect to its examination of the annual report of the Commissioner of Official Languages:
Professional and other services: $ 772.50 Transportation and Communications: — Other expenditures: — Witness expenses: — TOTAL: $ 772.50
3. With respect to its special study on the operation of the Official Languages Act:
Professional and other services: $ 5,581.91 Transportation and Communications: 32,396.96 Other Expenditures: — Witness Expenses: 9,190.73 TOTAL: $ 47,169.60
During the session in question, the Committee received 4 orders of reference, held 18 meetings, and received evidence from 66 witnesses. The Committee examined one Bill (S-3) and traveled on a fact-finding mission to Nova Scotia. In total, the Committee produced 6 reports.
Respectfully submitted,
MARIA CHAPUT
Chair
The Honourable Senator Kenny tabled the following (Sessional Paper No. 1/39-36S):
Tuesday, April 25, 2006
The Standing Senate Committee on National Security and Defence has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-eighth Parliament are as follows:
1. With respect to its special study to examine and report on the need for a national security policy for Canada (authorized by the Senate on Wednesday October 20, 2004):
(a) During this study, your Committee spent 361.8 hours meeting 731 persons in hearings and fact-finding visits. In addition to hearings in Ottawa, your Committee held public hearings and conducted fact-finding visits in Kingston, Windsor, Toronto (twice), Saint John, Charlottetown, St. John's, Victoria, Vancouver, Edmonton, Regina, Winnipeg, Halifax and Montreal. Your Committee held town hall meetings in Kingston, Saint John, St. John's, Victoria, Vancouver, Edmonton, Calgary, Regina, Winnipeg, Halifax and Ottawa. Your Committee also travelled to New York, New York, Norfolk, Virginia, and Washington, District of Columbia to conduct fact- finding discussions with senior officials from the United Nations, the North Atlantic Treaty Organization, the U.S. military, academics, and U.S. Congressional and Administration officials. Your Committee also travelled to London, England, Brussels, Belgium and Mons, Belgium to conduct fact-finding discussions with senior officials from the British government and armed forces, the North Atlantic Treaty Organization, and academics. Your Committee also travelled to Kabul, Afghanistan, to conduct fact-finding discussions with Canadian Forces personnel deployed overseas. During this study, there were 1,374 references to the Committee in the print media. There were 454,315 hits on the Committee's Website.
(b) Your Committee submitted three substantive reports entitled "Canadian Security Guidebook, 2005 Edition: An Update of Security Problems in Search of Solutions'' (December 2004); "Borderline Insecure'' (June 2005); and "Wounded — Canada's Military and The Legacy of Neglect'' (September 2005).
Professional and Other Services: $ 351,537.63 Transport and Communications: 575,502.68 Other Expenditures: 51,992.33 Witness Expenses: 19,105.37 TOTAL: $ 998,138.01
2. With respect to its special study to examine and report on the services and benefits provided to veterans in recognition of their services to Canada (authorized by the Senate on Thursday, November 4, 2004):
(a) This Order of Reference was delegated to a Subcommittee on March 29, 2004, which heard 8 witnesses and held 5 meetings (4 hours).
Professional and Other Services: $ 1,930.60 Transport and Communications: 300.00 Other Expenditures: — Witness Expenses: —. TOTAL: $ 2,230.60
3. With respect to its examination and consideration of legislation:
During the session, your Committee held 4 meetings, heard 10 witnesses, and examined two bills: Bill C-6 An Act to establish the Department of Public Safety and Emergency Preparedness and Bill C-26 An Act to establish the Canada Border Services Agency.
Professional and Other Services: $ — Transport and Communications: — Other Expenditures: — Witness Expenses: 1,448.10 TOTAL: $ 1,448.10
Respectfully submitted,
COLIN KENNY
Chair
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-2, An Act to amend the Hazardous Materials Information Review Act.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Angus, 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 Comeau presented a Bill S-3, An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Spivak presented a Bill S-209, An Act concerning personal watercraft in navigable waters.
The bill was read the first time.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Atkins, 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 Spivak presented a Bill S-210, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
The bill was read the first time.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Atkins, 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 Lapointe presented a Bill S-211, An Act to amend the Criminal Code (lottery schemes).
The bill was read the first time.
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Chaput, 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.
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 respecting its participation at the Parliamentary Seminar on Africa "Partnership beyond 2005: The role of parliamentarians in implementing the New partnership for Africa's Development commitments'', held in London, United Kingdom, from October 12 to 22, 2005. —Sessional Paper No. 1/39-37.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Champagne, P.C., 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 Comeau moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-201, An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and geographic criteria in appointment processes).
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Moore, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, 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 to 8 were called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Keon, seconded by the Honourable Senator Stratton:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on issues arising from, and developments since, the tabling of its final report on the state of the health care system in Canada in October 2002. In particular, the Committee shall be authorized to examine issues concerning mental health and mental illness;
That the papers and evidence received and taken by the Committee on the study of mental health and mental illness in Canada in the Thirty-seventh and Thirty-eighth Parliaments be referred to the Committee;
That the Committee submit its final report no later than June 30, 2006 and that the Committee retain all powers necessary to publicize the findings of the Committee until September 30, 2006; and
That the Committee 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.
MOTIONS
The Honourable Senator Carstairs, P.C. moved, seconded by the Honourable Senator Joyal, P.C.:
That
Whereas the federal government has a leadership and coordination role, and a direct service delivery role for certain populations, with regards to palliative and end-of-life care in Canada;
And Whereas only 15 per cent of Canadians have access to integrated, palliative and end-of-life care;
Be It Resolved That the Senate of Canada urge the Government to provide long-term, sustainable funding for the further development of a Canadian Strategy on Palliative and End-of-Life Care which is cross-departmental and cross-jurisdictional, and meets the needs of Canadians; and
That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon:
That whenever the Senate is sitting, the proceedings of the upper chamber, like those of the lower one, be televised, or otherwise audio-visually recorded, so that those proceedings can be carried live or replayed on CPAC, or any other television station, at times that are convenient for Canadians.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Chicken Farmers of Canada, together with the Auditors' Report, for the year ended December 31, 2005, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/39-23.
Report of the Canadian Egg Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2005, pursuant to the Farm Products Marketing Agencies Act, R.S. C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/ 39-24.
Report of the Canadian Turkey Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2005, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/39-25.
Report of the Canadian Broiler Hatching Egg Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2005, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/39-26.
Report of the Canadian Wheat Board for the fiscal year ended March 31, 2006, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/39-27.
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 4:58 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 National Security and Defence
The name of the Honourable Senator Watt removed from the membership (April 20).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Adams substituted for that of the Honourable Senator Tardif (April 24).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Fitzpatrick (April 24).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Christensen (April 24).
Standing Senate Committee on National Finance
The name of the Honourable Senator Dawson substituted for that of the Honourable Senator Fox (April 24).
The name of the Honourable Senator Fox substituted for that of the Honourable Senator Dawson (April 25).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Merchant substituted for that of the Honourable Senator Mitchell (April 24).
The name of the Honourable Senator Mitchell substituted for that of the Honourable Senator Merchant (April 25).