Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 17
Tuesday, May 30, 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, Bryden, Callbeck, Campbell, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, Di Nino, Eggleton, Eyton, Fairbairn, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, Milne, Mitchell, Moore, Munson, Murray, Oliver, Pépin, Peterson, Phalen, Plamondon, Poy, 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, Bryden, Callbeck, Campbell, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dawson, *Day, Di Nino, *Downe, Eggleton, Eyton, Fairbairn, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, Milne, Mitchell, Moore, Munson, Murray, *Nolin, Oliver, Pépin, Peterson, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, 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 the Speaker tabled the following:
Report of the Privacy Commissioner of Canada on the application of the Personal Information Protection and Electronic Documents Act for the year 2005, pursuant to the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, sbs. 25(1).—Sessional Paper No. 1/39-171.
Introduction and First Reading of Government bills
The Honourable Senator Comeau presented a Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure).
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, 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 St. Germain, P.C. presented a Bill S-216, An Act providing for the Crown's recognition of self-governing First Nations of Canada.
The bill was read the first time.
The Honourable Senator St. Germain, P.C. 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 Segal presented a Bill S-217, An Act to amend the Financial Administration Act and the Bank of Canada Act (quarterly financial reports).
The bill was read the first time.
The Honourable Senator Segal moved, seconded by the Honourable Senator Murray, P.C., 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Fairbairn, P.C. moved, seconded by the Honourable Senator Joyal, P.C.:
That the Standing Senate Committee on Agriculture and Forestry have the power to sit at 5:00 p.m. today, Tuesday, May 30, 2006, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted on division.
With leave of the Senate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Foreign Affairs have the power to sit at 5:00 p.m. today, Tuesday, May 30, 2006, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted on division.
SPEAKER'S RULING
On Wednesday, May 10, Senator Ringuette gave notice of a question of privilege under Senators' Statements. The adjournment of the sitting at 4:00 that day kept the Senator from presenting her question of privilege at the conclusion of Orders of the Day. As a consequence, the Senator was not able to present her case until the following day. Senator Ringuette claimed that the Leader of the Government misled the Senate in explaining her absence from Question Period, May 2. It is Senator Ringuette's contention that this account is contrary to certain evidence she had since collected. This assertion was denied by the Leader of the Government, who stated that her absence during part of the sitting that day, including Question Period, was because of a Cabinet meeting.
After hearing different views on this matter, I agreed to take it under advisement. I am prepared to declare my ruling.
Let me begin by stating that there is no prima facie basis to support a question of privilege. In my opinion, this case is the result of a misunderstanding or miscommunication. I heard nothing to persuade me that what happened breached privilege or involved contempt since the misunderstanding was neither intentional nor deliberate.
In making her case, which she was careful to identify as a contempt, Senator Ringuette assumed that the Cabinet meeting took place at the same time as Question Period in the Senate which, as it happened, overlapped Question Period in the other place, making a Cabinet meeting at that time unlikely. For her part, the Government Leader explained that Question Period in the House of Commons is held at a fixed time, from 2:15 p.m. until 3:00 p.m. She also advised that the meeting of the Cabinet Committee started shortly after 3:00 p.m.
There is no rule that prohibits the Government Leader from leaving the Chamber to attend to Government business. The statement made by Senator LeBreton concerning her activities does not affect the authority or dignity of the Senate, nor did it impede the Senate or Senators in the performance of their duties. As well, the Senator's explanation did not purposely mislead or deceive, which is a necessary condition to establish a charge of contempt as noted in Beauchesne's, 6th edition, cit. 62 at page 19. In the end, it seems obvious that there was a misunderstanding as to certain facts. It seems to involve nothing more than that.
Questions of privilege and contempts are intended to deal with genuinely serious matters. The privileges of Parliament are not a sword to assault the rights of others, but a shield to protect Parliament and its members in the fulfillment of their duties and responsibilities. Rule 43 states that "the preservation of the privileges of the Senate is the duty of every Senator'' because, as the rule explains, "a violation of the privileges of any one Senator affects those of all Senators and the ability of the Senate to carry out its functions...'' Among the privileges that we must be vigilant in preserving are freedom of speech and control over our proceedings and deliberations. Similarly, contempts allow either House of Parliament, the Senate or the House of Commons, to vindicate its authority and dignity when challenged.
Procedures have been incorporated into the Rules of the Senate to "fast track'' the consideration of possible questions of privileges and contempts. Criteria have been established that I, as Speaker, must use in evaluating the prima facie merits of any question of privilege or contempt. These rules and procedures are also meant to provide guidance to Senators when they consider whether an issue should be treated as a possible breach of privilege or a contempt.
I do not believe that rule 43 should be used to address a simple complaint or grievance, especially when it is the result of a misunderstanding. It does not meet the threshold required for a question of privilege or contempt. Such disputes do not "directly concern the privileges of the Senate or its committees'' nor are they "raised to correct a grave and serious breach''.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill S-2, An Act to amend the Hazardous Materials Information Review Act.
The Honourable Senator Keon moved, seconded by the Honourable Senator Di Nino, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 12 were called and postponed until the next sitting.
Second reading of Bill S-215, An Act to amend the Income Tax Act in order to provide tax relief.
The Honourable Senator Austin, P.C. moved, seconded by the Honourable Senator Carstairs, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Gustafson, 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
Order No. 1 was called and postponed until the next sitting.
Other
Order No. 2 (inquiry) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Dallaire calling the attention of the Senate to the situation in the Darfur region of Sudan and the importance of Canada's commitment to the people of this war-torn country.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, 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 Segal, 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;
And on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Peterson, that the question be referred to the Standing Committee on Rules, Procedure and the Rights of Parliament.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 66, 49 and 61 (motions) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Dallaire seconded by the Honourable Senator Day:
That the Senate express its support of Canada's diplomatic, defence and development contributions for the stabilization and reconstruction of Afghanistan; and
That the Senate commend Canadian Forces personnel, diplomats and humanitarian assistance officials for their contribution in re-building a stable and prosperous Afghanistan.
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.
Orders No. 3 and 10 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Cochrane:
That the Standing Senate Committee on Aboriginal Peoples, in accordance with rule 86(1)(q) of the Senate, be authorized to examine and report on the general concerns of First Nations in Canada related to the federal Specific Claims process, the nature and status of the Government of Canada's Specific Claims policy, the present administration of the policy, the status of the Indian Specific Claims Commission, and other relevant matters with a view to making recommendations to contribute to the timely and satisfactory resolution of First Nations' grievances arising out both their treaties with the federal Crown and the Government of Canada's administration of their lands, monies, and other affairs under the Indian Act.
That the Committee report to the Senate from time to time, but no later than June 14, 2007 and that the Committee retain until September 1, 2007, all powers necessary to publicize its findings.
After debate,
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 and enforcement of the fish habitat protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2005, pursuant to the Fisheries Act, S.C. 1991, c. 1, s. 11.1.—Sessional Paper No. 1/39-165.
Report of the Public Service Commission of Canada entitled "Audit of the Canadian Space Agency'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23(2)'' and 13. —Sessional Paper No. 1/39-166.
Report of the Public Service Commission of Canada entitled "Follow-Up Audit of the Office of the Privacy Commissioner'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23(2)'' and 131/39.—Sessional Paper No. 1/39-167.
Report on transportation in Canada for the year 2005, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No. 1/39-168.
Reports of the Economic Development Agency of Canada for the Regions of Quebec for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39-169.
Summaries of the Corporate Plan for 2006-2010 and of the Capital Budget for 2006 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/39-170.
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 4:38 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 Agriculture and Forestry
The name of the Honourable Senator Gustafson substituted for that of the Honourable Senator Nolin (May 18).
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Segal (May 26).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Fitzpatrick and Eyton substituted for those of the Honourable Senators Campbell and Di Nino (May 18).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Andreychuk substituted for that of the Honourable Senator Stratton (May 18).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Ringuette substituted for that of the Honourable Senator Poulin (May 25).
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Di Nino (May 26).
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Ringuette (May 29).
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Tkachuk (May 30).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Champagne (May 25).
The name of the Honourable Senator Champagne substituted for that of the Honourable Senator Stratton (May 30).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Baker substituted for that of the Honourable Senator Banks (May 25).
The name of the Honourable Senator Segal substituted for that of the Honourable Senator Forrestall (May 26).
The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Meighen (May 29).
The names of the Honourable Senators Forrestall, Cochrane, Meighen and Banks substituted for those of the Honourable Senators Segal, Forrestall, Johnson and Baker (May 30).
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Mahovlich (May 29).
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Banks (May 30).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Nancy Ruth (May 29).
The name of the Honourable Senator Nancy Ruth substituted for that of the Honourable Senator Stratton (May 30).