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Journals of the Senate

55 Elizabeth II, A.D. 2006, Canada

Journals of the Senate

1st Session, 39th Parliament


Issue 38

Thursday, October 19, 2006
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Baker, Banks, Biron, Bryden, Callbeck, Carney, Champagne, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nolin, Oliver, Peterson, Poulin (Charette), Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Baker, Banks, Biron, Bryden, Callbeck, Carney, *Carstairs, Champagne, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, *Dawson, Day, *De Bané, *Di Nino, *Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, *Harb, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nolin, Oliver, Peterson, Poulin (Charette), Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, *Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt

PRAYERS

SENATORS' STATEMENTS

Tributes

Tribute was paid to the memory of the Honourable Mark Lorne Bonnell, former Senator, whose death occurred October 9, 2006.

Senators' Statements

Pursuant to rule 43(7), the Honourable Senator Stratton gave notice that he would raise a question of privilege.

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

With leave of the Senate,

The Honourable Senator Kinsella tabled the following:

Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, which traveled to Washington, D.C., United States, for meetings, on June 25 and 26, 2006.—Sessional Paper No.1/39-517S.

The Honourable the Speaker tabled the following:

Report of the Chief Electoral Officer for the fiscal year ended March 31, 2006, pursuant to the Privacy Act, R.S. 1985, c. P-21, sbs 72(2).—Sessional Paper No.1/39-518.

ORDERS OF THE DAY

A point of order was raised regarding the notice of the question of privilege.

After debate,

The Speaker reserved his decision.

A point of order was raised regarding questions to Ministers in the Senate, pursuant to rule 24(1)(b).

After debate,

The Speaker reserved his decision.

GOVERNMENT BUSINESS

Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Reports of Committees

Order No. 1 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.

Private Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 7 were called and postponed until the next sitting.

Other

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 Tkachuk moved, seconded by the Honourable Senator Johnson, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Order No. 88 (motion) was called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Mitchell, calling the attention of the Senate to issues of importance to the regions in Alberta, with particular emphasis on Grand Prairie.

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. 15 (inquiry), 101 (motion) 3, 5, 6, 9, 8 (inquiries), 5, 10 (motions) and 11 (inquiry) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Bryden:

That the Senate should recognize the inalienable right of the first inhabitants of the land now known as Canada to use their ancestral language to communicate for any purpose; and

That, to facilitate the expression of this right, the Senate should immediately take the necessary administrative and technical measures so that senators wishing to use their ancestral language in this House may do so.

After debate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Corbin:

That the question be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.

The question being put on the motion, it was adopted.

Order No. 4 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.

MOTIONS

The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook:

That, notwithstanding the Order of the Senate adopted on Tuesday, May 2, 2006, the Standing Senate Committee on Banking, Trade and Commerce, which was authorized to examine and report on issues dealing with interprovincial barriers to trade, be empowered to extend the date of presenting its final report from October 31, 2006 to June 29, 2007, and

That the Committee retain until July 31, 2007 all powers necessary to publicize its findings.

After debate,

The Honourable Senator Prud'homme, P.C. 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.

SPEAKER'S RULING

If a point of order is to be raised in order that the chair is not misunderstanding the rules, I would be happy to hear that point of order.

However, my understanding of where we are is that a point of order was raised about the notice that had been given on a question of privilege, and we heard the arguments. That matter is under consideration by the chair. The house agreed that everything is frozen in time, and it is Senator Stratton's right to raise this question of privilege, in which all honourable senators are interested because privilege is something we all share, so that the timeliness of giving the notice of the question of privilege is maintained. It is maintained until the chair rules on the point of order.

As to where we are now, it would be out of order to raise this matter under any rule. It is the ruling of the chair that we will proceed as we had agreed earlier in the day. A ruling will come down on whether or not the notice of the question of privilege was in order. If it is found to be in order, Senator Stratton will be not at any disadvantage in the order of time in presenting the argument as to whether there is a prima facie case.

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 Oliver:

That when the Senate adjourns today, it do stand adjourned until Tuesday, October 24, 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):

Reports of the Canadian Transportation Accident Investigation and Safety 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. 1/39-515.

Report of the Canadian Dairy Commission for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-516.

ADJOURNMENT

The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 4:04 p.m. the Senate was continued until Tuesday, October 24, 2006 at 2 p.m.)


Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Mitchell substituted for that of the Honourable Senator Zimmer (October 19).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Cowan substituted for that of the Honourable Senator Carstairs (October 19).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Milne substituted for that of the Honourable Senator Peterson (October 19).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Dawson substituted for that of the Honourable Senator Banks (October 19).

Special Senate Committee on Senate Reform

The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Tkachuk (October 19).


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