Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 29
Wednesday, June 28, 2006
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Harb, Hays, Hervieux-Payette, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, LeBreton, Lovelace Nicholas, Massicotte, Meighen, Mitchell, Munson, Murray, Nancy Ruth, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Rivest, Robichaud, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, *Baker, Banks, Biron, Callbeck, *Campbell, Carstairs, *Champagne, 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, Hervieux-Payette, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, LeBreton, *Losier-Cool, Lovelace Nicholas, Massicotte, Meighen, *Milne, Mitchell, Munson, Murray, Nancy Ruth, *Nolin, *Oliver, Peterson, Phalen, Plamondon, Poulin (Charette), Prud'homme, *Ringuette, Rivest, Robichaud, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, 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 Auditor General of Canada 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. 1/39-253.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Joyal, P.C. tabled the following (Sessional Paper No. 1/39-254S):
Wednesday, June 28, 2006
The Standing Committee on the Conflict of Interest for Senators 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 and the Intersessional Authority during the period following dissolution of the Thirty- eighth Parliament were as follows:
Conflict of Interest (July 19, 2005 to November 29, 2005)
Transport and Communications: $ 37 Professional & Other Services: 606 Total: $ 643
Intersessional Authority (November 29, 2005 to April 3, 2006)
Transport and Communications: $ — Professional & Other Services: 7,499 Total: $ 7,499
Following the adoption by the Senate of the Conflict of Interest Code for Senators, your Committee was established for the first time in the First Session of the 38th Parliament, pursuant to rule 87(1)(t), and held its organizational meeting on July 19, 2005.
Your Committee held a series of meetings on matters relating to the Conflict of Interest Code for Senators, including the forms to be completed by Senators under the Code, correspondence and explanatory materials to Senators, the interpretation of various provisions in the Code, consultation with and directives to the Senate Ethics Officer, and the procedures regarding declarations under section 14(1) of the Code, among other matters.
In accordance with the provisions of the Conflict of Interest Code for Senators and the order of reference from the Standing Senate Committee on the Conflict of Interest for Senators dated November 22, 2005, immediately following the dissolution of the 38th Parliament on November 29, 2005, the Intersessional Authority on Conflict of Interest for Senators was established and met for the purpose of organization. The Intersessional Authority held meetings on matters relating to the Conflict of Interest Code for Senators, including the public disclosure statements of Senators, the operation of the registry, and other matters related to the implementation of the Code. The Intersessional Authority met on several occasions with the Senate Ethics Officer, and agreed that the papers and records generated by and on its behalf, following the dissolution of the 38th Parliament, be entrusted to the care and keeping of the clerk of the committee.
The membership of a new committee for the First Session of the Thirty-ninth Parliament was approved by the Senate on June 7, 2006.
Respectfully submitted,
(Signed by all members of the Committee)
The Honourable Senators
ANDREYCHUK, ANGUS, CARSTAIRS, JOYAL, ROBICHAUD
With leave,
The Senate reverted to Tabling of Documents.
With leave of the Senate,
The Honourable Senator Hays, tabled the following:
Report of the Senate Delegation, headed by the Speaker of the Senate, respecting its participation at the 18th Commonwealth Speakers' and Presiding Officers' Conference, held in Nairobi, Kenya, from January 3 to 8, 2006 and its meeting with representatives of the French Senate, held in Paris, France, from January 9 to 12, 2006.—Sessional Paper No. 1/39-255S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That, notwithstanding the Order adopted by the Senate on April 6, 2006, when the Senate sits on Wednesday, June 28, 2006, it continue its proceedings beyond 4 p.m. and follow the normal adjournment procedure according to rule 6(1).
After debate,
The question being put on the motion, it was adopted.
Bills
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,
In amendment, the Honourable Senator Fraser moved, seconded by the Honourable Senator Austin, P.C., that Bill S-4 be not now read a second time but that the subject-matter thereof be referred to the Special Senate Committee on Senate Reform; and
That the Order to resume debate on the motion for the second reading of the bill remain on the Order Paper and Notice Paper.
The question being put on the motion in amendment, it was adopted.
Orders No. 2 and 3 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Rompkey, P.C., for the second reading of Bill S-207, An Act to amend the Criminal Code (protection of children).
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.
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 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.
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 Chaput, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
Orders No. 8 to 14 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the second report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: Out of the Shadows at Last, deposited with the Clerk of the Senate on May 8, 2006.
After debate,
The Honourable Senator Cordy moved, seconded by the Honourable Senator Eggleton, P.C., 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
Order No. 9 (inquiry) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Murray, P.C., 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 Murray, P.C. moved, seconded by the Honourable Senator Austin, P.C., that the question be referred to the Special Senate Committee on Senate Reform.
After debate,
The question being put on the motion, it was adopted on division.
Resuming debate on the motion of the Honourable Senator Di Nino, 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,
With leave of the Senate and pursuant to rule 30, the motion was modified to read as follows:
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 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 Prud'homme, P.C., moved, seconded by the Honourable Senator Comeau, that further debate on the motion, as modified, be adjourned until the next sitting.
The question being put on the motion, it was negatived on division.
The Senate resumed debate on the motion, as modified, of the Honourable Senator Di Nino, 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 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,
With leave of the Senate and pursuant to rule 30, the motion, as modified, was modified to read as follows:
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 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 bestowing the title "honorary Canadian citizen'' on His Holiness the Dalai Lama of Tibet.
After debate,
The question being put on the motion, as modified, it was adopted.
Orders No. 3 (motion), 8 (inquiry) and 5 (motion) were called and postponed until the next sitting.
Resuming 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;
And on the motion in amendment of the Honourable Senator Stollery, 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 question being put on the motion in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Ringuette, seconded by the Honourable Senator Milne:
That the Standing Senate Committee on Foreign Affairs 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
That the committee submit its final report no later than October 2, 2006.
The motion, as amended, was adopted.
Orders No. 10 (motion), 11 (inquiry), 9 (motion), 4, 3 (inquiries), 53 and 49 (motions) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Austin, P.C., for the Honourable Senator Stollery, called the attention of the Senate to issues in foreign trade.
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.
The Honourable Senator Mitchell called the attention of the Senate to the stated intention of the Canadian government to weaken the Kyoto Protocol, and to dismantle 15 climate change programs, including the One-Tonne Challenge and the EnerGuide program.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Comeau, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Eggleton, P.C. moved, seconded by the Honourable Senator Fraser:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on current social issues pertaining to Canada's largest cities. In particular, the Committee shall be authorized to examine:
(a) poverty
(b) housing and homelessness
(c) social infrastructure
(d) social cohesion
(e) immigrant settlement
(f) crime
(g) transportation
(h) the role of the largest cities in Canada's economic development
That the study be national in scope, with a focus on the largest urban community in each of the provinces;
That the study report proposed solutions, with an emphasis on collaborative strategies involving, federal, provincial and municipal governments;
That the Committee submit its final report no later than December 31, 2007, and that the Committee retain all powers necessary to publicize its findings until March 31, 2008; 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.
After debate,
With leave of the Senate and pursuant to rule 30, the motion was modified to read as follows:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on current social issues pertaining to Canada's largest cities. In particular, the Committee shall be authorized to examine:
(a) poverty
(b) housing and homelessness
(c) social infrastructure
(d) social cohesion
(e) immigrant settlement
(f) crime
(g) transportation
(h) the role of the largest cities in Canada's economic development
That the study be national in scope, with a focus on the largest urban community in each of the provinces;
That the study report proposed solutions, with an emphasis on collaborative strategies involving, federal, provincial and municipal governments; and
That the Committee submit its final report no later than December 31, 2007, and that the Committee retain all powers necessary to publicize its findings until March 31, 2008.
After debate,
The question being put on the motion, as modified, it was adopted.
The Honourable Senator Carstairs, P.C. moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the impact on our Canadian society of our aging population in particular the impact on seniors. The study will include:
(a) the range of public services now provided to seniors;
(b) the gaps which currently exist in these services;
(c) the implications for both service delivery systems and costs as the number of people eligible for these services increases as a percentage of the population;
That as a result of this examination the Committee recommend policy changes which need to be made now by the government so that the required services will be available to seniors for the foreseeable future;
That the Committee review strategies other OECD countries have adopted to deal with the issue of caring for their aging population, as well as Canada's obligations in light of the 2002 Madrid International Plan of Action on Aging;
That the Committee consider the full range of services involved in caring for seniors including, but not limited to, the following:
a. All aspects of health care, including home care, institutional-based care, mental health services, prescription drug services, chronic care diseases, palliative care;
b. Health promotion;
c. Injury prevention;
d. Income support;
e. Housing;
f. Transportation;
g. Ways to help seniors live a fulfilling existence;
And that the Committee present its final report to the Senate no later than December 31, 2007.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Fairbairn, P.C.:
That, pursuant to rule 131(2), the Senate request a complete and detailed response from the Government to the Second Report of the Standing Senate Committee on Transport and Communications, adopted by the Senate on June 22, 2006, with the Minister of Industry, the Minister of Canadian Heritage, the Minister of Finance, the Minister of Justice and Attorney General of Canada, and the President of the Treasury Board being identified as Ministers responsible for responding to the report.
After debate,
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That when the Senate adjourns today, it do stand adjourned until Tuesday, September 19, 2006, at 2 p.m.
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 operation of sections 83.28 and 83.29 of the Criminal Code from December 24, 2004 to December 23, 2005, pursuant to the Criminal Code, S.C. 2001, c. 41, s. 4.—Sessional Paper No. 1/39-249.
Report on the operation of section 83.3 of the Criminal Code from December 24, 2004 to December 23, 2005, pursuant to the Criminal Code, S.C. 2001, c. 41, s. 4.—Sessional Paper No. 1/39-250.
Document entitled "Canadian Security Intelligence Service: Public Report for the fiscal year ended March 31, 2005''. —Sessional Paper No. 1/39-251.
Report entitled "Results of Fact-Finding on Situation at Caledonia''.—Sessional Paper No. 1/39-252.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:44 p.m. the Senate was continued until Tuesday, September 19, 2006 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Campbell, Stratton and Robichaud substituted for those of the Honourable Senators Jaffer, Nolin and Baker (June 27).
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Stratton (June 28).
Special Senate Committee on Senate Reform
The names of the Honourable Senators Watt, Downe, Dawson, Chaput and Eggleton substituted for those of the Honourable Senators Adams, Bacon, Baker, Banks and Biron (June 27).