Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 28
Tuesday, June 27, 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, Callbeck, Campbell, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Harb, Hays, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, Lovelace Nicholas, Massicotte, Meighen, Mercer, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Peterson, Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Callbeck, Campbell, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Day, *De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Harb, Hays, Johnson, Joyal, Kenny, Keon, Kinsella, *Kirby, LeBreton, *Losier-Cool, Lovelace Nicholas, Massicotte, Meighen, Mercer, *Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Peterson, Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Senate Public Bills
The Honourable Senator Joyal, P.C., presented a Bill S-219, An Act to amend the Parliamentary Employment and Staff Relations Act.
The bill was read the first time.
The Honourable Senator Joyal, P.C. moved, seconded by the Honourable Senator Carstairs, 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.
Reading of Petitions for Private Bills
The first report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 1/39-246S) and reads as follows:
Thursday, June 22, 2006
Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present her
FIRST REPORT
Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-
Of the Boy Scouts of Canada, a body incorporated by chapter 130 of the Statutes of Canada 1914; praying for the passage of An Act to amend its Act of incorporation in order to consolidate the statutes governing it, to change its name to "Scouts Canada'' and to make such other technical and incidental changes to the Act as may be appropriate.
Respectfully submitted,
HEATHER P. LANK
Examiner of Petitions for Private Bills
The following petition was read and received:
Of the Boy Scouts of Canada, a body incorporated by chapter 130 of the Statutes of Canada 1914; praying for the passage of An Act to amend its Act of incorporation in order to consolidate the statutes governing it, to change its name to "Scouts Canada'' and to make such other technical and incidental changes to the Act as may be appropriate.
Introduction and First Reading of Private Bills
The Honourable Senator Di Nino presented a Bill S-1001, An Act respecting Scouts Canada.
The bill was read the first time.
The Honourable Senator Di Nino 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.
Tabling of Reports from Inter-Parliamentary Delegations
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 47th Annual Meeting, held in Charleston, United States, from May 5 to 8, 2006.—Sessional Paper No. 1/39-247.
Report of the Co-Chair of the Canada-United States Inter-Parliamentary Group respecting his participation at the Conference entitled: Freshwater for the Future: Policies for Sustainable Water Management in Canada—Policy Research Initiative of the Privy Council Office, held in Gatineau, Québec, from May 8 to 10, 2006.—Sessional Paper No. 1/39-248.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Champagne, P.C., for the second reading of Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability.
After debate,
The question being put on the motion, it was adopted on division.
The bill was then read the second time on division.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Tkachuk, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Orders No. 2 to 4 were called and postponed until the next sitting.
OTHER BUSINESS
Ordered, That Motion No. 80 standing in the name of the Honourable Senator Oliver on the Notice Paper be brought forward.
MOTIONS
The Honourable Senator Oliver moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit during sittings of the Senate up to and including Thursday, June 29, 2006, and that the application of Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Meighen, for the second reading of Bill S-218, An Act to amend the State Immunity Act and the Criminal Code (civil remedies for victims of terrorism).
After debate,
The Honourable Senator Comeau, for the Honourable Senator Meighen, 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. 3 to 10 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Meighen, for the second reading of Bill S-217, An Act to amend the Financial Administration Act and the Bank of Canada Act (quarterly financial reports).
After debate,
The Honourable Senator Comeau 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. 12 and 13 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Carstairs, P.C., for the second reading of Bill S-215, An Act to amend the Income Tax Act in order to provide tax relief.
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 on division.
Reports of Committees
Consideration of the second report of the Standing Senate Committee on Foreign Affairs, (budget—study to examine and report on the development and security challenges facing Africa —power to hire staff and travel), presented in the Senate on June 22, 2006.
The Honourable Senator Segal moved, seconded by the Honourable Senator Di Nino, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on National Security and Defence, (budget—study on the need for a National Security Policy—power to hire staff and travel), presented in the Senate on June 22, 2006.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Foreign Affairs, (budget—study on Foreign Relations in general—power to hire staff and travel), presented in the Senate on June 22, 2006.
The Honourable Senator Segal moved, seconded by the Honourable Senator Di Nino, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Fisheries and Oceans, (budget—study of the Federal Government's New and Evolving Policy Framework for Managing Canada's Fisheries and Oceans—power to hire staff and travel), presented in the Senate on June 22, 2006.
The Honourable Senator Campbell, for the Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Munson, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on Transport and Communications, (budget—study on the examination of containerized freight traffic handled by Canada's ports—power to hire staff and travel), presented in the Senate on June 22, 2006.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on Banking, Trade and Commerce, (budget—study on consumer issues arising in the financial services sector—power to hire staff), presented in the Senate on June 22, 2006.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Senate Committee on Banking, Trade and Commerce, (budget—study on demographics—power to hire staff), presented in the Senate on June 22, 2006.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the second report of the Standing Senate Committee on Aboriginal Peoples, (budget—study on the Involvement of Aboriginal Communities and Businesses in Economic Development Activities in Canada—power to hire staff and travel), presented in the Senate on June 22, 2006.
The Honourable Senator St. Germain, P.C. moved, seconded by the Honourable Senator Cochrane, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Aboriginal Peoples, (budget—study on the general concerns of First Nations in Canada related to the federal specific claims process—power to hire staff), presented in the Senate on June 22, 2006.
The Honourable Senator St. Germain, P.C. moved, seconded by the Honourable Senator Cochrane, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the sixth report of the Standing Senate Committee on Banking, Trade and Commerce, (budget—study on the review of the proceeds of crime (money laundering) Act—power to hire staff), presented in the Senate on June 22, 2006.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the seventh report of the Standing Senate Committee on Banking, Trade and Commerce, (budget—study on Interprovincial Barriers to Trade—power to hire staff), presented in the Senate on June 22, 2006.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the eighth report of the Standing Senate Committee on Banking, Trade and Commerce, (budget—study on the present state of the domestic and international financial system—power to hire staff and travel), presented in the Senate on June 22, 2006.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the second report of the Standing Senate Committee on Human Rights, (budget—study on the Rights and Freedoms of Children—power to hire staff and travel), presented in the Senate on June 22, 2006.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the second report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendment to rule 28(3)—user fee proposals), presented in the Senate on June 13, 2006.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Eyton, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 15 and 16 were called and postponed until the next sitting.
Consideration of the second report (interim) of the Standing Senate Committee on National Security and Defence, entitled: The Government's No. 1 Job: Securing the Military Options It Needs to Protect Canadians, tabled in the Senate on June 21, 2006.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report (interim) of the Standing Senate Committee on Agriculture and Forestry, entitled: Agriculture and Agri-Food Policy in Canada: Putting Farmers First!, tabled in the Senate on June 21, 2006.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Gustafson, moved, seconded by the Honourable Senator Di Nino, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 3 (motion), 8 (inquiry), 5, 70, 10 (motions), 11 (inquiry) and 9 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Trenholme Counsell calling the attention of the Senate to concerns regarding the Agreements in Principle signed by the Government of Canada and the Provincial governments between April 29, 2005 and November 25, 2005 entitled Moving Forward on Early Learning and Child Care, as well as the funding agreements with Ontario, Manitoba and Québec, and the Agreements in Principle prepared for the Yukon, the North West Territories and Nunavut.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4, 3 (inquiries), 53 and 49 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Murray, P.C. moved, seconded by the Honourable Senator Austin, P.C.:
That
Whereas an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assemblies of the provinces as provided for in section 38 of the Constitution Act, 1982;
And whereas it is desirable to amend the Constitution of Canada to provide for a better balance of western regional representation in the Senate;
And whereas it is desirable that the 24 seats in the Senate currently representing the division of the western provinces be distributed among the prairie provinces of Manitoba, Saskatchewan, and Alberta, and that British Columbia be made a separate division represented by 12 Senators;
Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
1. Sections 21 and 22 of the Constitution Act, 1867 are replaced by the following:
"21. The Senate shall, subject to the Provisions of this Act, consist of One hundred and seventeen Members, who shall be styled Senators.
22. In relation to the Constitution of the Senate, Canada shall be deemed to consist of Five Divisions:
1. Ontario;
2. Quebec;
3. The Maritime Provinces, Nova Scotia and New Brunswick, and Prince Edward Island;
4. The Prairie Provinces of Manitoba, Saskatchewan, and Alberta;
5. British Columbia;
which Five Divisions shall (subject to the Provisions of this Act) be represented in the Senate as follows: Ontario by Twenty-four Senators; Quebec by Twenty-four Senators; the Maritime Provinces and Prince Edward Island by Twenty-four Senators, Ten thereof representing Nova Scotia, Ten thereof representing New Brunswick, and Four thereof representing Prince Edward Island; the Prairie Provinces by Twenty-four Senators, Seven thereof representing Manitoba, Seven thereof representing Saskatchewan, and Ten thereof representing Alberta; British Columbia by Twelve Senators; Newfoundland and Labrador shall be entitled to be represented in the Senate by Six Senators; Yukon, the Northwest Territories and Nunavut shall be entitled to be represented in the Senate by One Senator each.
In the Case of Quebec, each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada.''
2. Sections 26 to 28 of the Act are replaced by the following:
"26. If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Five or Ten Members be added to the Senate, the Governor General may by Summons to Five or Ten qualified Persons (as the Case may be), representing equally the Five Divisions of Canada, add to the Senate accordingly.
27. In case of such Addition being at any Time made, the Governor General shall not summon any Person to the Senate, except on a further like Direction by the Queen on the like Recommendation, to represent one of the Five Divisions until such Division is represented by Twenty-four Senators or, in the case of British Columbia, Twelve Senators, and no more.
28. The Number of Senators shall not at any Time exceed One hundred and twenty-seven.''
CITATION
3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (western provincial representation in the Senate).
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.
With leave of the Senate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Cordy:
That
Whereas Tenzin Gyatso, the fourteenth Dalai Lama of Tibet, has been recognized with the Nobel Peace Prize as one of the world's leading champions of peace and non-violence;
Whereas His Holiness the Dalai Lama will visit Canada from September 9th to the 11th of this year; and
Whereas the Senate of Canada has previously acknowledged historic visits to Canada by other leading champions of human dignity, such as Raoul Wallenberg and Nelson Mandela, by adopting motions granting them "honorary Canadian citizenship'';
Therefore, the Senate of Canada supports the resolution of the Other Place to bestow the title "honorary Canadian citizen'' on His Holiness the Dalai Lama of Tibet.
After debate,
The Honourable Senator Di Nino 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Department of Environment Canada 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- 242.
Report of the Canada-Newfoundland and Labrador Offshore Petroleum Board, together with the Auditors' Report, for the fiscal year ended March 31, 2006, pursuant to the Canada-Newfoundland Atlantic Accord Implementation Act, S. C. 1987, c. 3, sbs. 29(3).—Sessional Paper No. 1/39-243.
Reports of the Canada-Nova Scotia Offshore Petroleum Board 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. 1/39-244.
Report of the Communications Security Establishment Commissioner for the fiscal year ended March 31, 2006, pursuant to the National Defence Act, S.C. 2001, c. 41, s. 102.—Sessional Paper No. 1/39-245.
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 8:20 p.m. the Senate was continued until 1:30 p.m. tomorrow)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Chaput (June 27).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Campbell (June 27).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Jaffer and Day substituted for those of the Honourable Senators Robichaud and Carstairs (June 27).