Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 53
Thursday, November 23, 2006
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Baker, Banks, Bryden, Callbeck, Campbell, Carney, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lapointe, LeBreton, Lovelace Nicholas, Mahovlich, Meighen, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Peterson, Phalen, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Baker, Banks, Bryden, Callbeck, Campbell, Carney, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Fitzpatrick, *Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, *Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lapointe, LeBreton, *Losier-Cool, Lovelace Nicholas, Mahovlich, Meighen, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, *Nolin, Oliver, Peterson, Phalen, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Pursuant to Rule 43(7), the Honourable Senator Cools gave notice that she would raise a question of privilege in respect of words stated and actions taken during Senate proceedings yesterday, which words and actions are a breach of her privileges.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Annual Report on the State of Inuit Culture and Society in the Nunavut Settlement Area, 2003-2004 and 2004- 2005.—Sessional Paper No. 1/39-586.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Segal, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its fourth report (budget—study on the evacuation of Canadian citizens from Lebanon in July 2006—power to hire staff).
(The report is printed as appendix "A'')
The Honourable Senator Segal moved, seconded by the Honourable Senator Cochrane, 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 Furey presented the following:
Thursday, November 23, 2006
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
EIGHTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2006-2007.
National Finance (Legislation)
Professional and Other Services $ 16,500 Transport and Communications — Other Expenditures 1,000 TOTAL $ 17,500
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Kenny, 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, presented its fourth report (budget—study on the present state and the future of agriculture and forestry in Canada—power to hire staff).
(The report is printed as appendix "B'')
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Austin, P.C., 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, presented its fifth report (budget—study on rural poverty in Canada—power to hire staff and travel).
(The report is printed as appendix "C'')
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., 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., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its seventh report (budget—study on the issue of funding for the treatment of autism—power to hire staff).
(The report is printed as appendix "D'')
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Cordy, 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 Smith, P.C., Chair of the Special Senate Committee on the Anti-terrorism Act, presented its second report (budget—study on the provisions and operation of the Anti-terrorism Act—power to hire staff).
(The report is printed as appendix "E'')
With leave of the Senate,
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Cowan, 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 Kenny, Chair of the Standing Senate Committee on National Security and Defence, tabled its fifth report (budget—release of additional funds (study on the need for a National Security Policy)).
(The report is printed as appendix "F'')
The Honourable Senator Kenny moved, seconded by the Honourable Senator Downe, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Comeau:
That the Senate concur in the amendments made by the House of Commons to its amendments 29, 98 and 153 to Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability;
That the Senate do not insist on its amendments 2, 4 to 12, 14, 15, 18 to 20, 22 to 25, 28, 30, 31, 34 to 54, 55(a) to (d), 55(e)(ii) to (viii), 56 to 62, 65, 68, 69, 71, 80, 83, 85, 88 to 90, 92, 94, 96, 100 to 102, 107 to 110, 113, 115, 116, 118 to 121, 123, 128 to 134, 136 to 143, 145, 147 to 151, 154, 155 and 157 to which the House of Commons has disagreed; and
That a Message be sent to the House of Commons to acquaint that House accordingly;
And on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Day, that the motion, together with the message from the House of Commons on the same subject dated November 21, 2006, be referred to the Standing Senate Committee on Legal and Constitutional Affairs for consideration and report.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the motion be amended by adding the following paragraph after the words "consideration and report''
"; and
That the committee submit its report no later than December 7, 2006.''
The question being put on the motion in amendment, it was adopted, on division.
The Senate resumed debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Comeau:
That the Senate concur in the amendments made by the House of Commons to its amendments 29, 98 and 153 to Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability;
That the Senate do not insist on its amendments 2, 4 to 12, 14, 15, 18 to 20, 22 to 25, 28, 30, 31, 34 to 54, 55(a) to (d), 55(e)(ii) to (viii), 56 to 62, 65, 68, 69, 71, 80, 83, 85, 88 to 90, 92, 94, 96, 100 to 102, 107 to 110, 113, 115, 116, 118 to 121, 123, 128 to 134, 136 to 143, 145, 147 to 151, 154, 155 and 157 to which the House of Commons has disagreed; and
That a Message be sent to the House of Commons to acquaint that House accordingly;
And on the motion, as amended, of the Honourable Senator Hays, seconded by the Honourable Senator Day:
That the motion, together with the message from the House of Commons on the same subject dated November 21, 2006, be referred to the Standing Senate Committee on Legal and Constitutional Affairs for consideration and report; and
That the committee submit its report no later than December 7, 2006.
After debate,
The question being put on the motion, as amended, it was adopted.
Third reading of 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 Honourable Senator Angus moved, seconded by the Honourable Senator Tkachuk, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Order No. 3 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Johnson, for the second reading of Bill C-16, An Act to amend the Canada Elections Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Angus, 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.
Order No. 5 was called and postponed until the next sitting.
Second reading of Bill C-25, An Act to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Income Tax Act and to make a consequential amendment to another Act.
The Honourable Senator Angus moved, seconded by the Honourable Senator Meighen, that the bill be read the second time.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-17, An Act to amend the Judges Act and certain other Acts in relation to courts.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Comeau, that the bill be read the second time.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, 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
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Carney, P.C., seconded by the Honourable Senator Murray, P.C., for the second reading of Bill S-220, An Act to protect heritage lighthouses.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 9 and 10 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Tardif, that the second report of the Standing Senate Committee on Official Languages, entitled: Understanding the Reality and Meeting the Challenges of Living in French in Nova Scotia, tabled in the Senate on October 5, 2006 be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage, the President of the Treasury Board and the Minister for Official Languages being identified as Ministers responsible for responding to the report.
The question being put on the motion, it was adopted.
Other
Orders No. 14 (inquiry), 119 (motion), 20, 15, 17, 6, 11 (inquiries), 5 (motion), 19, 8, 12 (inquiries), 101 (motion), 9 and 7 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Dallaire calling the attention of the Senate to the situation in the Darfur region of Sudan and the importance of Canada's commitment to the people of this war-torn country.
After debate,
Further debate on the Inquiry was adjourned until the next sitting in the name of the Honourable Senator Jaffer.
MOTIONS
The Honourable Senator Fraser, for the Honourable Senator Grafstein, moved, seconded by the Honourable Senator Cook:
That the following Resolution on Combating Anti-Semitism and other forms of intolerance which was adopted at the 15th Annual Session of the OSCE Parliamentary Association, in which Canada participated in Brussels, Belgium on July 7, 2006, be referred to the Standing Senate Committee on Human Rights for consideration and that the Committee table its final report no later than March 31, 2007:
RESOLUTION ON
COMBATING ANTI-SEMITISM
AND OTHER FORMS OF INTOLERANCE
1. Calling attention to the resolutions on anti-Semitism adopted unanimously by the OSCE Parliamentary Assembly at its annual sessions in Berlin in 2002, Rotterdam in 2003, Edinburgh in 2004 and Washington in 2005,
2. Intending to raise awareness of the need to combat anti-Semitism, intolerance and discrimination against Muslims, as well as racism, xenophobia and discrimination, also focusing on the intolerance and discrimination faced by Christians and members of other religions and minorities in different societies,
The OSCE Parliamentary Assembly:
3. Recognizes the steps taken by the OSCE and the Office for Democratic Institutions and Human Rights (ODIHR) to address the problems of anti-Semitism and other forms of intolerance, including the work of the Tolerance and Non-Discrimination Unit at the Office for Democratic Institutions and Human Rights, the appointment of the Personal Representatives of the Chairman-in-Office, and the organization of expert meetings on the issue of anti- Semitism;
4. Reminds its participating States that "Anti-Semitism is a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and physical manifestations of anti-Semitism are directed towards Jewish or non-Jewish individuals and/or their property, towards Jewish community institutions and religious facilities'', this being the definition of anti-Semitism adopted by representatives of the European Monitoring Centre on Racism and Xenophobia (EUMC) and ODIHR;
5. Urges its participating States to establish a legal framework for targeted measures to combat the dissemination of racist and anti-Semitic material via the Internet;
6. Urges its participating States to intensify their efforts to combat discrimination against religious and ethnic minorities;
7. Urges its participating States to present written reports, at the 2007 Annual Session, on their activities to combat anti-Semitism, racism and discrimination against Muslims;
8. Welcomes the offer of the Romanian Government to host a follow-up conference in 2007 on combating anti- Semitism and all forms of discrimination with the aim of reviewing all the decisions adopted at the OSCE conferences (Vienna, Brussels, Berlin, Córdoba, Washington), for which commitments were undertaken by the participating States, with a request for proposals on improving implementation, and calls upon participating States to agree on a decision in this regard at the forthcoming Ministerial Conference in Brussels;
9. Urges its participating States to provide the OSCE Office for Democratic Institutions and Human Rights (ODIHR) with regular information on the status of implementation of the 38 commitments made at the OSCE conferences (Vienna, Brussels, Berlin, Córdoba, Washington);
10. Urges its participating States to develop proposals for national action plans to combat anti-Semitism, racism and discrimination against Muslims;
11. Urges its participating States to raise awareness of the need to protect Jewish institutions and other minority institutions in the various societies;
12. Urges its participating States to appoint ombudspersons or special commissioners to present and promote national guidelines on educational work to promote tolerance and combat anti-Semitism, including Holocaust education;
13. Underlines the need for broad public support and promotion of, and cooperation with, civil society representatives involved in the collection, analysis and publication of data on anti-Semitism and racism and related violence;
14. Urges its participating States to engage with the history of the Holocaust and anti-Semitism and to analyze the role of public institutions in this context;
15. Requests its participating States to position themselves against all current forms of anti-Semitism wherever they encounter it;
16. Resolves to involve other inter-parliamentary organizations such as the IPU, the Council of Europe Parliamentary Assembly (PACE), the Euro-Mediterranean Parliamentary Assembly (EMPA) and the NATO Parliamentary Assembly in its efforts to implement the above demands.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
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 Di Nino:
That when the Senate adjourns today, it do stand adjourned until Tuesday, November 28, 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 of the British Columbia Treaty Commission, together with the Auditors' Report, for the fiscal year ended March 31, 2006, pursuant to the British Columbia Treaty Commission Act, S.C. 1995, c. 45, sbs. 21(3).—Sessional Paper No. 1/39-585.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:22 p.m. the Senate was continued until Tuesday, November 28, 2006 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Massicotte (November 23).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Poulin removed from the membership (November 23).