Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 45
Thursday, November 2, 2006
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Callbeck, Campbell, Carney, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hubley, Jaffer, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Stratton, Tardif, Tkachuk
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Callbeck, Campbell, Carney, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hubley, Jaffer, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, *Stollery, Stratton, Tardif, Tkachuk
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Government Response, dated November 2006, to the sixth report (interim) of the Standing Senate Committee on Official Languages entitled: French-Language Education in a Minority Setting: A Continuum from Early Childhood to the Postsecondary Level, tabled in the Senate on June 14, 2005.—Sessional Paper No. 1/39-553S.
(Pursuant to rule 131(4), the report and the response were deemed referred to the Standing Senate Committee on Official Languages.)
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Thursday, November 2, 2006
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SIXTH REPORT
Your Committee recommends that Senate SEGs and MMG-2s receive a 2.5 per cent increase to salary ranges, effective April 1, 2006, as well a 1.1 per cent increase to at-risk pay for 2006-2007, parallel to increases adopted by the Treasury Board for Public Service executives and Deputy Ministers.
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Day, 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 Eggleton, P.C. presented the following:
Thursday, November 2, 2006
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SIXTH REPORT
Your Committee, to which was referred Bill C-5, An Act respecting the establishment of the Public Health Agency of Canada and amending certain Acts has, in obedience to the Order of Reference of Thursday, September 28, 2006, examined the said Bill and now reports the same without amendment.
Attached as an appendix to this Report are the observations of your Committee on Bill C-5.
Respectfully submitted,
ART EGGLETON
Chair
Observations appended to the Sixth Report of the Standing Senate Committee on Social Affairs, Science and Technology
The Standing Senate Committee on Social Affairs, Science and Technology (The Committee) has heard testimony on Bill C-5, The Public Health Agency of Canada Act and has passed the bill without amendment. It would like however to take the opportunity to make the Senate aware of various issues which need to be addressed in the operations of the Public Health Agency of Canada. Specifically, the Committee wants more recognition of First Nations and Inuit health issues and it wants recognition of the First Nations and Inuit in health legislation.
Therefore, your Committee appends to this report certain observations on the Bill.
A. Link to Health Canada's First Nations and Inuit Health Branch
The Committee is concerned that there is no obligation for the Chief Public Health Officer or the Agency to include the First Nations and Inuit Health Branch of Health Canada in its consultations or operations as the Bill is currently written. It requests that a formal and ongoing link be established between this branch of Health Canada and the Agency
B. Reports
The Committee emphasizes that the Agency should report on the public health status of First Nations and Inuit. As a component of this it wants the Chief Public Health Officer to consider appointing medical officers, as provided for under clause 13 of the Bill, who will represent First Nations and Inuit concerns and who will report regularly on their activities.
C. Committees
The Committee asks that there be an obligation for representation of First Nations and Inuit on the advisory and other committees established by the Minister.
D. Privacy and Data Collection
The Committee is aware that the issue of privacy in data collection has been raised by First Nations. The Committee wants assurances that data will be collected and disseminated only with appropriate consent and privacy safeguards for First Nations and Inuit individuals.
E. First Nations and Inuit Public Health Act
The Committee notes that there is no legislative basis for the Federal Government's role and responsibility for provision of health services for First Nations and Inuit. The Committee wants the Government to work collaboratively with First Nations and Inuit in the development of a First Nations and Inuit Public Health Act and other relevant statutes. The Committee intends to be seized of this matter of dealing with public health issues with respect to First Nations and Inuit.
F. Review of the Agency
The Committee will recall the Agency for a full review of their operations after six months in order to determine the extent to which it has implemented these observations and, specifically, to confirm the Agency's commitment to the First Nations and Inuit.
The Honourable Senator Eggleton, P.C. moved, seconded by the Honourable Senator Adams, 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.
Introduction and First Reading of Government bills
A message was brought from the House of Commons with a Bill C-19, An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act, to which it desires the concurrence of the Senate.
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.
With leave of the Senate,
The Honourable Senator Banks tabled the following:
Copies of electronic correspondences, dated October 10 and 17, 2006, from the Renaissance Dubai Hotel, and copy of an invoice of the Renaissance Dubai Hotel, dated July 10, 2006 (English Texts).—Sessional Paper No. 1/39-554S.
Copy of a letter, dated October 19, 2006, from the Vice Chief of the Defence Staff concerning the proposed visit to Kandahar of the Standing Senate Committee on National Security and Defence (Bilingual Text).—Sessional Paper No. 1/39-555S.
The Honourable Senator LeBreton, P.C. tabled the following:
Copy of a letter, dated October 19, 2006, from the Vice Chief of the Defence Staff to the Leader of the Government in the Senate concerning the proposed visit to Kandahar of the Standing Senate Committee on National Security and Defence (English Text).—Sessional Paper No. 1/39-556S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Reports of Committees
Resuming debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Comeau, for the adoption of the fourth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, with amendments and observations), presented in the Senate on October 26, 2006;
And on the motion in amendment by the Honourable Senator Milne, seconded by the Honourable Senator Cook, that the fourth report of the Standing Senate Committee on Legal and Constitutional Affairs be not now adopted but that it be amended at amendment No 146(a), by adding, in the French version, after the word "Commission,'' the following:
"ou le renouvellement de son mandat,''.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that further debate on the motions be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 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 Oliver, 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 Oliver, 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 Mercer 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.
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 question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Gustafson, 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.
Reports of Committees
Orders No. 1 to 5 were called and postponed until the next sitting.
Consideration of the second report of the Special Senate Committee on Senate Reform (motion to amend the Constitution of Canada (western regional representation in the Senate), without amendment but with observations), presented in the Senate on October 26, 2006.
The Honourable Senator Hays moved, seconded by the Honourable Senator Fraser, that the report be adopted.
After debate,
The Honourable Senator Di Nino 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.
Other
Orders No. 8, 12 (inquiries), 111 and 88 (motions) were 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 Robichaud, P.C., moved, seconded by the Honourable Senator Day, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 17 (inquiry), 101 (motion), 9, 7, 15, 3, 5 and 6 (inquiries) were 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 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 Comeau moved, seconded by the Honourable Senator Cochrane, 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 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 Comeau moved, seconded by the Honourable Senator Cochrane, 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 inquiry of the Honourable Senator Adams calling the attention of the Senate to issues concerning the fishing industry in Nunavut related to the use of fishing royalties, methods of catch, foreign involvement and a proposed audit of Inuit benefit from the fishery.
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Murray, P.C., called the attention of the Senate to the faithful and exemplary service to Canada, during his entire adult lifetime, of the late Honourable Howard Charles Green of British Columbia.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Campbell 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.
MOTIONS
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Meighen:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5:00 p.m., Tuesday, November 7, 2006, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne:
That the papers and evidence received and taken by the Standing Senate Committee on Legal and Constitutional Affairs in relation to:
Bill C-15B, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act during the First Session of the Thirty-Seventh Parliament;
Bill C-10, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, and Bill C-10B, Act to amend the Criminal Code (cruelty to animals) during the Second Session of the Thirty-Seventh Parliament;
Bill C-22, An Act to amend the Criminal Code (cruelty to animals) during the Third Session of the Thirty- Seventh Parliament; and
Bill S-24, An Act to amend the Criminal Code (cruelty to animals) during the First Session of the Thirty-Eighth Parliament;
be referred to the Committee for its study on Bill S-213, An Act to amend the Criminal Code (cruelty to animals).
The question being put on the motion, it was adopted.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mercer:
That the Standing Senate Committee on Official Languages have the power to sit on Monday, November 6, 2006 at 4:00 p.m., 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.
ADJOURNMENT
The Honourable Senator LeBreton, P.C. moved, seconded by the Honourable Senator Keon:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:24 p.m. the Senate was continued until 9:00 a.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 Campbell substituted for that of the Honourable Senator Stollery (November 1).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Pépin removed from the membership (November 1).
The name of the Honourable Senator Pépin added to the membership (November 1).
Standing Senate Committee on Foreign Affairs and International Trade
The names of the Honourable Senators Mahovlich and Jaffer substituted for those of the Honourable Senators Jaffer and Mahovlich (November 1).
Standing Senate Committee on National Finance
The names of the Honourable Senators Rompkey and Adams substituted for those of the Honourable Senators Adams and Rompkey (November 1).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Milne (November 1).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Dawson substituted for that of the Honourable Senator Fitzpatrick (November 2).