Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 14
Tuesday, May 16, 2006
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Biron, Bryden, Campbell, Champagne, Chaput, Christensen, Cochrane, Comeau, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Forrestall, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Spivak, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Biron, Bryden, Campbell, *Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Forrestall, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, *Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, *Oliver, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Spivak, Stollery, Stratton, Tardif, Tkachuk, *Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
The May 2006 Report of the Auditor General of Canada to the House of Commons entitled: A Status Report, and a Report entitled: Government Decisions Limited Parliament's Control of Public Spending, and an Addendum to A Status Report (Environmental Petitions), pursuant to the Auditor General Act, R.S.C., 1985, c. A-17, sbs. 7(5).—Sessional Paper No. 1/39-158.
SPEAKER'S RULING
Honourable Senators, a point of order was raised by Senator Corbin concerning the electronic interference with the sound system caused by certain handheld cell phones and Blackberries. This is not the first time this objection has been raised. In fact, on at least 4 occasions, going back to March 9, 2005, the effects of these devices on our sound system have been the subject of complaint.
Many Honourable Senators contributed to the discussion on the point of order. Most concentrated on the annoying effect of the interference. A few Senators expressed concerns about the propriety of using these devices at all, as it raises the question of whose words are being expressed by the Senator and distracts the attention of Senators from what is being discussed in the Chamber.
While this latter argument may have some merit, I believe it is more properly addressed in a substantive way either in debate in the Senate Chamber or as a study by the Standing Committee on Rules, Procedures and the Rights of Parliament, rather than as a part of this ruling. On the matter of interference, created by cell phones and Blackberries, the Rules of the Senate are quite explicit. Rule 19(4) stipulates that:
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
Speaker Hays gave a detailed ruling March 9, 2005, in which he outlined the problem, cited rule 19(4), and distributed a briefing note explaining the likely sources of the interference. The problem, however, persists. Perhaps there is still some confusion about the technical problem and the possible remedies. This may explain why this point of order keeps coming up.
My understanding is that these wireless devices use different radio frequencies, depending on which company is supporting them. The radio frequency used by certain suppliers causes interference with our audio system. The result is the repeated buzz we have been experiencing. This problem is not unique to the Senate: the Other Place is struggling to cope with this problem as are other jurisdictions across the country. Similar devices, supplied by other service providers, have no discernable effect on the sound system. Now, as it happens, due to differences in service levels provided, it would appear that Senators have opted to subscribe with providers whose systems are incompatible with our current sound infrastructure. In the last two years, a number of Senators have switched to such suppliers; this likely accounts for some of the aggravating audio interference.
In response to the latest incident, Senate staff has conducted tests with different devices in this Chamber, and learned that a unit receiving or sending an email or phone call can have an effect on an open microphone from as many as four seats away. This means the range of potential offending devices is from 16 to 20 seats surrounding the open microphone. As a result, even though the electronic device is causing a noise, it would be difficult for me to identify without qualification the offending device and to hold its user to account.
In the course of the debate on the point of order, it was suggested that new wiring or microphones should be investigated to minimize the effect. I have received preliminary reports on this proposal, but I will leave the consideration of the feasibility of any such implementation to the appropriate body, the Standing Senate Committee on Internal Economy, Budgets and Administration.
In the meantime, based on the information received from staff, it would appear that shutting down these devices is the only sure way we can be certain that the rule will not be offended. While I recognize that this dependence on cell phones and Blackberries is not so easily overcome, I have asked the Table to distribute to each Honourable Senator's desk a document that details the devices that do, and do not, interfere with our sound system. I have also had this list circulated by way of letter to the office of each Senator. While it would be desirable if all Honourable Senators would use the suppliers who do not cause interference, I understand that the service levels individual Senators require may be better met by other non-compatible companies.
Honourable Senators who bring into the Senate Chamber any electronic device that produces any sound are at risk of causing a disorder. Honourable Senators who possess a device that is not compatible with our sound system are at greater risk, if the said device is not powered down or disabled before they enter the Senate Chamber. If Honourable Senators neglect to do so, it compounds the interference by shutting off the device only when the realization comes that it is causing a problem, since the process of shutting them off sends even greater amounts of data strings that will increase the level of interference.
It is my ruling that the point of order raised by Senator Corbin is well founded. Therefore, the collaboration of all Honourable Senators is requested to maintain order in the House.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C.:
That, pursuant to rule 95(3), for the remainder of this session, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence be authorized to meet at their approved meeting times as determined by the Government and Opposition Whips on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to undertake a review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17) pursuant to section 72 of the said Act; and
That the committee submit its final report no later than September 28, 2006.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 11 were called and postponed until the next sitting.
Reports of Committees
Consideration of the First Report of the Standing Joint Committee for the Scrutiny of Regulations (permanent order of reference and expenses re rule 104), presented in the Senate on May 11, 2006.
The Honourable Senator Eyton moved, seconded by the Honourable Nolin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Other
Resuming debate on the inquiry of the Honourable Senator Munson calling the attention of the Senate to the issue of funding for the treatment of autism.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Segal, that further debate on the inquiry 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 Hervieux-Payette, P.C., seconded by the Honourable Senator De Bané, P.C.:
That the Standing Committee on Rules, Procedures and the Rights of Parliament study and make the necessary recommendations on the advisability of amending Senate practice so that bills tabled during a parliamentary session can be reintroduced at the same procedural stage in the following parliamentary session, with a view to including in the Rules of the Senate, a procedure that already exists in the House of Commons and would increase the efficiency of our parliamentary process; and
That the committee report to the Senate no later than June 8, 2006.
After debate,
The Honourable Senator Cools 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.
Orders No. 3 (inquiry), 53, 3, 10 and 7 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on rural poverty in Canada. In particular, the Committee shall be authorized to:
(a) examine the dimension and depth of rural poverty in Canada;
(b) conduct an assessment of Canada's comparative standing in this area, relative to other OECD countries;
(c) examine the key drivers of reduced opportunity for rural Canadians;
(d) provide recommendations for measures mitigating rural poverty and reduced opportunity for rural Canadians; and
That the Committee submit its final report no later than April 30, 2007.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Keon moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Social Affairs, Science and Technology have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Keon moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Social Affairs, Science and Technology be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Fraser, for the Honourable Senator Lapointe, moved, seconded by the Honourable Senator Milne:
That the papers and evidence received and taken on Bill S-11, An Act to amend the Criminal Code (lottery schemes), by the Standing Senate Committee on Legal and Constitutional Affairs during the First Session of the Thirty-eighth Parliament be referred to the Standing Senate Committee on Social Affairs, Science and Technology for its study on Bill S-211, An Act to amend the Criminal Code (lottery schemes).
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Meighen:
That the Senate of Canada implore President Vladimir Putin, President of Russia, to use his good office to shed light on the whereabouts of Raoul Wallenberg, the Swedish diplomat who was responsible for saving the lives of thousands of people from the Nazi death camps. Mr. Wallenberg was allegedly seized by the Soviet Army on January 17, 1945 and has not been seen or heard from since.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Atkins, 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 Johnson moved, seconded by the Honourable Senator Stratton:
That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and report on issues relating to the federal government's new and evolving policy framework for managing Canada's fisheries and oceans;
That the papers and evidence received and taken and the work accomplished by the Committee on the subject during the First Session of the Thirty-Eighth Parliament be referred to the Committee; and
That the Committee submit its final report to the Senate no later than Friday, June 29, 2007.
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 Canada—Newfoundland Atlantic Accord Implementation Act for the fiscal year ended March 31, 2005, pursuant to the Act, S.C. 1987, c. 3, s. 226.—Sessional Paper No. 1/39-154.
Erratum concerning the Summaries of the Corporate Plan for 2004-2008 and of the Capital Budget for 2004 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-155.
Summaries of the Corporate Plan for 2006-2010 and of the Operating and Capital Budgets for 2006 of the Pacific Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-156.
Summaries of the Corporate Plan for the period 2006-2007 to 2010-2011 and of the Capital and Operating Budgets for 2006-2007 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. 1/39-157.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:56 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 Official Languages
The name of the Honourable Senator Downe substituted for that of the Honourable Senator Trenholme Counsell (May 10).
The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Downe (May 16).
Standing Senate Committee on Aboriginal Peoples
The names of the Honourable Senators Tkachuk, Andreychuk, Segal and Johnson substituted for those of the Honourable Senators Gustafson, Segal, Andreychuk and Segal (May 15).
The names of the Honourable Senators Gustafson and Segal substituted for those of the Honourable Senators Tkachuk and Johnson (May 16).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Gustafson (May 15).
Standing Senate Committee on Human Rights
The names of the Honourable Senators Hubley and Peterson substituted for those of the Honourable Senators Carstairs and Pépin (May 15).
The names of the Honourable Senators Carstairs and Pépin substituted for those of the Honourable Senators Hubley and Peterson (May 16).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Andreychuk (May 16).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Smith (May 16).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Robichaud substituted for that of the Honourable Senator Cook (May 16).