Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 25
Tuesday, June 20, 2006
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Hays, Hubley, Jaffer, Johnson, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, Meighen, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, *Harb, Hays, Hubley, Jaffer, Johnson, Kenny, Keon, Kinsella, *Kirby, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, Meighen, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, 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 Senate Ethics Officer, for the fiscal year ended March 31, 2006, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 20.7.—Sessional Paper No. 1/39-220S.
Report of the Privacy Commissioner of Canada for the fiscal year ended March 31, 2006, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 40(1).—Sessional Paper No. 1/39-221.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its third report (Bill C-13, An Act to implement certain provisions of the budget tabled in Parliament on May 2, 2006, without amendment).
The Honourable Senator Angus moved, seconded by the Honourable Senator Nolin, 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.
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 bilateral visit to Mozambique and South Africa, held in Maputo, Mozambique, from March 21 to 23, 2006 and in Cape Town, South Africa, on March 24, 2006.—Sessional Paper No. 1/39-222.
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada- United States Inter-Parliamentary Group, respecting its participation at the Canadian/American Border Trade Alliance Conference: The Canadian/U.S. border — A Unified Focus, held in Ottawa, Ontario, from April 30 to May 2, 2006.—Sessional Paper No. 1/39-223.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:
Reply to Question No. 8, dated April 4, 2006, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Carstairs, P.C., respecting the new Compassionate Care Leave Benefit under the Employment Insurance Act.—Sessional Paper No. 1/39-224S.
Reply to Question No. 9, dated April 25, 2006, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Carstairs, P.C., respecting the Museums Assistance Program.—Sessional Paper No. 1/39-225S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-15, An Act to amend the Agricultural Marketing Programs Act.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Angus, 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 a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Comeau, for the second reading of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure).
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Austin, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-5, An Act respecting the establishment of the Public Health Agency of Canada and amending certain Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Keon moved, seconded by the Honourable Senator Cochrane, 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.
Bills
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 11 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-208, An Act to require the Minister of the Environment to establish, in co- operation with the provinces, an agency with the power to identify and protect Canada's watersheds that will constitute sources of drinking water in the future.
After debate,
The Honourable Senator Watt 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.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-204, An Act respecting a National Philanthropy Day.
After debate,
The Honourable Senator Prud'homme, P.C. moved, seconded by the Honourable Senator Nolin, that further debate on the motion 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 Bryden, seconded by the Honourable Senator Baker, P.C., for the second reading of Bill S-213, An Act to amend the Criminal Code (cruelty to animals).
After debate,
The Honourable Senator Tkachuk, for the Honourable Senator Stratton, moved, seconded by the Honourable Senator Johnson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 15 was called and postponed until the next sitting.
Reports of Committees
Consideration of the third report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-202, An Act to repeal legislation that has not come into force within ten years of receiving royal assent, with an amendment), presented in the Senate on June 15, 2006.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Champagne, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the bill, as amended, 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.
Order No. 2 was called and postponed until the next sitting.
Consideration of the third report of the Standing Senate Committee on Banking, Trade and Commerce, entitled: The Demographic Time Bomb: Mitigating the effects of Demographic Change in Canada, tabled in the Senate on June 13, 2006.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Orders No. 4 to 6 were called and postponed until the next sitting.
Other
Orders No. 2 (inquiry), 3 (motion), 11 (inquiry) and 9 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Tardif calling the attention of the Senate to questions concerning post-secondary education in Canada.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Moore tabled the following:
Document entitled: Smarter Together: The Economic Impact of Universities in the Atlantic Provinces, (March 2006).—Sessional Paper No. 1/39-226S.
Order No. 9 (inquiry) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Stollery:
That the following Resolution on Combating Anti-Semitism which was adopted unanimously at the 14th Annual Session of the OSCE Parliamentary Association, in which Canada participated in Washington, D.C., on July 5, 2005, be referred to the Standing Senate Committee on Human Rights for consideration and that the Committee table its final report no later than October 30, 2006:
RESOLUTION ON COMBATING
ANTI-SEMITISM
Recalling the resolutions on anti-Semitism by the OSCE Parliamentary Assembly, which were unanimously passed at the annual meetings in Berlin in 2002, in Rotterdam in 2003 and in Edinburgh in 2004,
1. Referring to the commitments made by the participating states emerging from the OSCE conferences in Vienna (June 2003), Berlin (April 2004) and Brussels (September 2004) regarding legal, political and educational efforts to fight anti-Semitism, ensuring "that Jews in the OSCE region can live their lives free of discrimination, harassment and violence'',
2. Welcoming the convening of the Conference on Anti-Semitism and on Other Forms of Intolerance in Cordoba, Spain in June 2005,
3. Commending the appointment and continuing role of the three Personal Representatives of the Chairman-in- Office of the OSCE on Combating Anti-Semitism, on Combating Intolerance and Discrimination against Muslims, and on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions, reflecting the distinct role of each in addressing these separate issues in the OSCE region,
4. Reaffirming the view expressed in earlier resolutions that anti-Semitism constitutes a threat to fundamental human rights and to democratic values and hence to the security in the OSCE region,
5. Emphasizing the importance of permanent monitoring mechanisms of incidents of anti-Semitism at a national level, as well as the need for public condemnations, energetic police work and vigorous prosecutions,
The Parliamentary Assembly of the OSCE:
6. Urges OSCE participating states to adopt national uniform definitions for monitoring and collecting information about anti-Semitism and hate crimes along the lines of the January 2005 EUMC Working Definition of Anti- Semitism and to familiarize officials, civil servants and others working in the public sphere with these definitions so that incidents can be quickly identified and recorded;
7. Recommends that OSCE participating states establish national data collection and monitoring mechanisms and improve information-sharing among national government authorities, local officials, and civil society representatives, as well as exchange data and best practices with other OSCE participating states;
8. Urges OSCE participating states to publicize data on anti-Semitic incidents in a timely manner as well as report the information to the OSCE Office for Democratic Institutions and Human Rights (ODIHR);
9. Recommends that ODIHR publicize its data on anti-Semitic crimes and hate crimes on a regular basis, highlight best practices, as well as initiate programs with a particular focus in the areas of police, law enforcement, and education;
10. Calls upon national governments to allot adequate resources to the monitoring of anti-Semitism, including the appointment of national ombudspersons or special representatives;
11. Emphasizes the need to broaden the involvement of civil society representatives in the collection, analysis and publication of data on anti-Semitism and related violence;
12. Calls on the national delegations of the OSCE Parliamentary Assembly to ensure that regular debates on the subject of anti-Semitism are conducted in their parliaments and furthermore to support public awareness campaigns on the threat to democracy posed by acts of anti-Semitic hatred, detailing best practices to combat this threat;
13. Calls on the national delegations of the OSCE Parliamentary Assembly to submit written reports at the 2006 Annual Session on the activities of their parliaments with regard to combating anti-Semitism;
14. Calls on the OSCE participating states to develop educational material and teacher training methods to counter contemporary forms of anti-Semitism, as well as update programs on Holocaust education;
15. Urges both the national parliaments and governments of OSCE participating states to review their national laws;
16. Urges the OSCE participating states to improve security at Jewish sites and other locations that are potential targets of anti-Semitic attacks in coordination with the representatives of these communities.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 4 (inquiry) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Milne:
That the Standing Senate Committee on Banking, Trade and Commerce study and report on the Canada-United States agreement on softwood lumber;
That the Committee analyse, among other things, the impact of Canada's resource management on sovereignty, the impact on the interpretation of NAFTA chapters 11 and 19, and provisions contained in the agreement with regard to financial support for the industry and its workers;
And on the motion in amendment of the Honourable Senator Milne, seconded by the Honourable Senator Ringuette, that the motion be amended by replacing the ".'' with a ";'' after the word "workers'' and by adding the following:
"That the committee submit its final report no later than October 2, 2006.''
After debate,
The question being put on the motion in amendment it was adopted on division.
The Senate resumed debate on the motion, as amended, of the Honourable Senator Ringuette, seconded by the Honourable Senator Milne:
That the Standing Senate Committee on Banking, Trade and Commerce study and report on the Canada-United States agreement on softwood lumber;
That the Committee analyse, among other things, the impact of Canada's resource management on sovereignty, the impact on the interpretation of NAFTA chapters 11 and 19, and provisions contained in the agreement with regard to financial support for the industry and its workers;
That the committee submit its final report no later than October 2, 2006.
After debate,
In amendment, the Honourable Senator Stollery moved, seconded by the Honourable Senator Corbin, that the motion, as amended, be amended by replacing the words "Banking, Trade and Commerce'' in the first paragraph with "Foreign Affairs''.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
Orders No. 3 (inquiry), 53 and 49 (motions) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Cordy:
That the Senate urge the government to accompany all government bills by a social and economical impact study on regions and minorities in accordance to the Senate's role of representation and protection of minorities and regions.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Johnson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the Employment Equity Act (Labour) for the year 2005, pursuant to the Employment Equity Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 1/39-213.
Report of the Inuvialuit Final Agreement Implementation Coordinating Committee for the fiscal year ended March 31, 2004.—Sessional Paper No. 1/39-214.
Summaries of the Corporate Plan for 2006-2007 to 2010-2011 and of the Operating and Capital Budgets for 2006- 2007 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-215.
Summaries of the Corporate Plan for 2006-2007 to 2010-2011 and of the Operating and Capital Budgets for 2006- 2007 of the Canadian Museum of Civilization Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/39-216.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2006-2007 to 2010-2011 of the National Gallery of Canada and its affiliate, the Canadian Museum of Contemporary Photography, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-217.
Report of the President of the Treasury Board on Official Languages in Federal Institutions for the fiscal year ended March 31, 2005, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 48.—Sessional Paper No. 1/ 39-218.
Reports of the Canadian International Trade Tribunal 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- 219.
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 6:01 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 Human Rights
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Pépin (June 16).
The names of the Honourable Senators Pépin and Dallaire substituted for those of the Honourable Senators Mercer and Zimmer (June 20).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Joyal substituted for that of the Honourable Senator Gill (June 16).
The name of the Honourable Senator Carstairs substituted for that of the Honourable Senator Bryden (June 19).
The names of the Honourable Senators Bryden, Carstairs and Robichaud substituted for those of the Honourable Senators Carstairs, Robichaud and Bryden (June 20).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Campbell (June 16).
Standing Senate Committee on National Finance
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Cowan (June 16).
The name of the Honourable Senator Angus substituted for that of the Honourable Senator Stratton (June 19).
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Angus (June 20).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Cowan (June 19).
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Eyton and Angus substituted for those of the Honourable Senators Angus and Eyton (June 19).
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Sibbeston (June 20).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Nolin (June 19).