Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 33
Tuesday, October 3, 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, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Stratton, Tardif, Tkachuk, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Grafstein, *Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, *Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Stratton, Tardif, Tkachuk, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Public Accounts of Canada for the fiscal year ended March 31, 2006, Volume I—Summary Report and Financial Statements, Volume II—Details of Expenses and Revenues, Volume III —Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1). —Sessional Paper No.1/39-439.
Presentation of Reports from Standing or Special Committees
With leave of the Senate,
The Honourable Senator Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled its ninth report (interim) entitled: Stemming the Flow of Illicit Money: A Priority for Canada—Parliamentary Review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.—Sessional Paper No. 1/39-440S.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Day presented the following:
Tuesday, October 3, 2006
The Standing Senate Committee on National Finance has the honour to present its
FOURTH REPORT
Your Committee, to which was referred Bill S-201, An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and geographic criteria in appointment processes) has, in obedience to the Order of Reference of Thursday, June 22, 2006, examined the said Bill and now reports the same with the following amendment:
Pages 1 and 2, clause 3:
(a) Page 1: Delete lines 16 to 25.
(b) Page 2: Replace lines 1 to 10 with the following:
"3. (1) Section 34 of the Act is amended by adding the following after subsection (2):
(3) When establishing a geographic criterion in an advertised external appointment process, the Commission shall establish a national area of selection.
(2) Subsection 34(3) of the Act, as enacted by''.
Respectfully submitted,
JOSEPH A. DAY
Chair
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Eyton, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its second report (Report No. 76 — Legal Challenge to Broadcasting Licence Fees).—Sessional Paper No. 1/39- 441S.
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-5, An Act to implement conventions and protocols concluded between Canada and Finland, Mexico and Korea for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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 Carney, P.C. presented a Bill S-220, An Act to protect heritage lighthouses.
The bill was read the first time.
The Honourable Senator Carney, P.C. moved, seconded by the Honourable Senator St. Germain, P.C. , that the bill be placed on the Orders of the Day for a second reading on October 24, 2006.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act.
The Honourable Senator Eyton moved, seconded by the Honourable Senator Angus, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Grafstein, 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.
Motions
Order No. 1 was called and postponed until the next sitting.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do resolve itself into a Committee of the Whole when it reaches Government Business at the start of Orders of the Day, on Wednesday, October 4, 2006, in order to receive Mr. Graham Fraser respecting his appointment as Official Languages Commissioner;
That the Committee of the Whole report to the Senate no later than 3:50 p.m. on Wednesday October 4, 2006; and
That television cameras be authorized in the Senate Chamber to broadcast the proceedings of the Committee of the Whole, with the least possible disruption of the proceedings.
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 Mercer, seconded by the Honourable Senator Cochrane, for the second reading of Bill S-214, An Act respecting a National Blood Donor Week.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Di Nino, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Ordered, That Motion No. 100 standing in the name of the Honourable Senator Fairbairn, P.C., on the Notice Paper be brought forward.
MOTIONS
The Honourable Senator Fairbairn, P.C. moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Standing Senate Committee on Agriculture and Forestry have the power to sit at 5:30 p.m., Tuesday, October 3, 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.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 3 to 14 were called and postponed until the next sitting.
Private Bills
Second reading of Bill S-1001, An Act respecting Scouts Canada.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Cochrane, that the bill be read the second time.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cowan, 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
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Order No. 88 (motion) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Fairbairn, P.C., calling the attention of the Senate to the State of Literacy in Canada, which will give every Senator in this Chamber the opportunity to speak out on an issue in our country that is often forgotten.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Segal, moved, seconded by the Honourable Senator Oliver, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 5, 6, 9 (inquiries), 3 (motion), 8 (inquiry), 5, 10 (motions), 11 (inquiry), 9 (motion), 4 and 3 (inquiries) 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.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C.:
That, notwithstanding the Order of the Senate adopted on Tuesday, May 16, 2006, the Standing Senate Committee on Banking, Trade and Commerce, which was authorized to undertake a review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, be empowered to extend the date of presenting its final report from September 28, 2006 to October 5, 2006; and
That the Committee retain until October 31, 2006 all powers necessary to publicize its findings.
After debate,
With leave of the Senate and pursuant to rule 30, the motion was modified to read as follows:
That, notwithstanding the Order of the Senate adopted on Tuesday, May 16, 2006, the Standing Senate Committee on Banking, Trade and Commerce, which was authorized to undertake a review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, be empowered to extend the date of presenting its final report from September 28, 2006 to June 29, 2007; and
That the Committee retain until July 31, 2007 all powers necessary to publicize its findings.
The question being put on the motion, as modified, it was adopted.
The Honourable Senator Joyal, P.C. moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Senate urge the Government of Canada to reconsider its decision to discontinue the Court Challenges Program which has enabled citizens to seek redress and assert their rights guaranteed under the Constitution and particularly the Charter of Rights and Freedoms;
That the Standing Senate Committee on Official Languages be authorized to study and report on the benefits and results that have been achieved through the Court Challenges Program;
That the Committee submit its final report no later than December 22, 2006; and
That a message be sent to the House of Commons informing it that the Senate regrets the Government's decision to terminate the Court Challenges Program and urges it to take action to persuade the Government to reconsider that decision.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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):
Report of Export Development Canada for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-420.
Report of the Canadian Commercial Corporation for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-421.
Report of the Judge Advocate General to the Minister of National Defence on the administration of military justice in the Canadian Forces for the fiscal year ended March 31, 2006, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 2. —Sessional Paper No. 1/39-422.
Reports of the National Defence and Canadian Forces Ombudsman 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) and s. 73.—Sessional Paper No. 1/39-423.
Report of the President of the Treasury Board for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-424.
Report of the Canadian Institutes of Health Research, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Canadian Institutes of Health Research Act, S.C. 2000, c. 6, sbs. 32(2).—Sessional Paper No. 1/39-425.
Report of the Atomic Energy of Canada Limited for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-426.
Report on the applications for ministerial review (miscarriages of justice) for the fiscal year ended March 31, 2006, pursuant to the Criminal Code, S.C. 2002, c. 13, s. 71.—Sessional Paper No. 1/39-427.
Report of the Standards Council of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Financial Administration Act, R.S. C.1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/39-428.
Report of the Standards Council of Canada for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-429.
Report of the Business Development Bank of Canada for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-430.
Report of the National Research Council of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the National Research Council Act, R.S.C. 1985, c. N-15, s. 17.—Sessional Paper No. 1/39-431.
Report of the Copyright Board for the fiscal year ended March 31, 2006, pursuant to the Copyright Act, R.S.C. 1985 (4th Supp.), c. 10, s. 12.—Sessional Paper No. 1/39-432.
Reports of Statistics 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. 1/39-433.
Reports of the Freshwater Fish Marketing Corporation for the fiscal year ended April 30, 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- 434.
Report on the three-year review of the Export and Import of Rough Diamonds Act, pursuant to the Export and Import of Rough Diamonds Act, S.C. 2002, c. 25, s. 45.1.—Sessional Paper No. 1/39-435.
Report on the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the Enforcement of the Corruption of Foreign Public Officials Act, pursuant to the Corruption of Foreign Public Officials Act, S.C. 1998, c. 34, s. 12.—Sessional Paper No. 1/39-436.
Report of the Asia-Pacific Foundation of Canada, together with the Auditors' Report, for the fiscal year ended March 31, 2006, pursuant to the Asia-Pacific Foundation of Canada Act, S.C. 2005, c. 30, sbs. 78.—Sessional Paper No. 1/39-437.
Reports of the Department of Foreign Affairs and International Trade 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. 1/39-438.
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 4:11 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 names of the Honourable Senators Peterson and Mercer substituted for those of the Honourable Senators Merchant and Munson (September 28).
The name of the Honourable Senator Munson substituted for that of the Honourable Senator Mercer (October 2).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Pépin (September 28).
The name of the Honourable Senator Zimmer substituted for that of the Honourable Senator Dallaire (September 29).
The name of the Honourable Senator Dallaire substituted for that of the Honourable Senator Zimmer (October 2).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Milne, Day, Ringuette and Baker substituted for those of the Honourable Senators Dawson, Ringuette, Cowan and Mitchell (September 28).
The name of the Honourable Senator Cowan substituted for that of the Honourable Senator Milne (September 29).
Standing Senate Committee on National Finance
The names of the Honourable Senators Rompkey and Eggleton substituted for those of the Honourable Senators Downe and Chaput (September 28).
The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Stratton (October 2).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Campbell substituted for that of the Honourable Senator Trenholme Counsell (September 28).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Cowan substituted for that of the Honourable Senator Dawson (September 29).
The name of the Honourable Senator Dawson substituted for that of the Honourable Senator Cowan (October 3).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Nancy Ruth substituted for that of the Honourable Senator Eyton (September 29).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Johnson (September 29).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Gill substituted for that of the Honourable Senator Pépin (October 2).
Special Senate Committee on Senate Reform
The name of the Honourable Senator Tardif substituted for that of the Honourable Senator Watt (October 2).