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Journals of the Senate

55 Elizabeth II, A.D. 2006, Canada

Journals of the Senate

1st Session, 39th Parliament


Issue 55

Wednesday, November 29, 2006
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Baker, Callbeck, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hays, Hubley, Johnson, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Meighen, Merchant, Moore, Murray, Nancy Ruth, Oliver, Peterson, Phalen, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Segal, Sibbeston, Stratton, Tardif, Tkachuk

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Baker, Callbeck, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, *Fortier, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hays, Hubley, Johnson, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Meighen, Merchant, Moore, Murray, Nancy Ruth, Oliver, Peterson, Phalen, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Segal, Sibbeston, 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:

Report of the President of the Treasury Board, entitled: Canada's Performance 2006.—Sessional Paper No. 1/39- 597.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Segal, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its fifth report (interim) (Canada-United States agreement on softwood lumber).—Sessional Paper No. 1/ 39-598S.

The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, 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, Chair of the Standing Senate Committee on National Finance, presented its fifth report (Supplementary Estimates (A) 2006-2007).

(The report is printed as appendix "A'' at pages 862-871.)

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 Day, Chair of the Standing Senate Committee on National Finance, presented its sixth report (second interim) (Estimates 2006-2007).

(The report is printed as appendix "B'' at pages 872-878.)

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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-38, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2007, 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 Stratton, 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.

A message was brought from the House of Commons with a Bill C-39, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2007, 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 Tkachuk, 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.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Cordy tabled the following:

Report of the Delegation of the Canadian NATO Parliamentary Association, respecting its visit to the NATO Parliamentary Assembly's Political Committee and the Defence and Security Committee, held in Afghanistan, from May 17 to 21, 2006.—Sessional Paper No. 1/39-599.

Report of the Canadian Branch of the Commonwealth Parliamentary Association, respecting its participation at the Study Group on Benchmarks for Democratic Legislatures, held in Hamilton, Bermuda, from October 30 to November 3, 2006. —Sessional Paper No. 1/39-600.

The Honourable Senator Andreychuk tabled the following:

Report of the Canadian Branch of the Commonwealth Parliamentary Association, respecting its pre-conference visit to the CPA Headquarters, held in London, United Kingdom, from August 28 to September 2, 2006 and its participation at the 52nd Conference of the Commonwealth Parliamentary Association, held in Abuja, Nigeria, from September 1 to 10, 2006.—Sessional Paper No. 1/39-601.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

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

That the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit on Monday, December 4, 2006, Tuesday, December 5, 2006, Wednesday, December 6, 2006 and Thursday, December 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 Comeau moved, seconded by the Honourable Senator Tkachuk:

That when the Senate adjourns on Wednesday, November 29, 2006, it do stand adjourned until Tuesday, December 5, 2006, at 2 p.m.

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

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 9 were called and postponed until the next sitting.

Reports of Committees

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

Consideration of the fourth report of the Standing Senate Committee on Fisheries and Oceans (budget—release of additional funds (study on the Federal Government's New and Evolving Policy Framework for Managing Canada's Fisheries and Oceans)), presented in the Senate on November 28, 2006.

The Honourable Senator Fraser, for the Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Cook, that the report be adopted.

After debate,

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

Orders No. 3 to 8 were called and postponed until the next sitting.

Resuming debate on the consideration of the third report (interim) of the Standing Senate Committee on Agriculture and Forestry, entitled: Agriculture and Agri-Food Policy in Canada: Putting Farmers First!, tabled in the Senate on June 21, 2006.

After debate,

The Honourable Senator Fraser moved, seconded by the Honourable Senator Fox, 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

Orders No. 3 (inquiry) and 92 (motion) 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 Fairbairn, P.C., that further debate on the inquiry be adjourned until the next sitting.

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


With leave,

The Senate reverted to Tabling of Reports from Inter-Parliamentary Delegations.

The Honourable Senator Di Nino tabled the following:

Report of the Canadian Delegation of the OSCE-Canada-Europe Parliamentary Association, respecting its participation at the International Referendum Observation Mission for the Referendum on the State-Status of Montenegro, held on May 21, 2006.—Sessional Paper No. 1/39-602.

Report of the Canadian Delegation of the OSCE-Canada-Europe Parliamentary Association, respecting its participation at the Expanded Bureau Meeting of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, held in Copenhagen, Denmark, on April 24, 2006.—Sessional Paper No. 1/39-603.

ORDERS OF THE DAY

OTHER BUSINESS

Other

Orders No. 119 (motion), 20, 15, 17, 6, 11 (inquiries), 5 (motion), 19 and 8 (inquiries) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Callbeck calling the attention of the Senate to the importance of Canadian immigration policy to the economic, social and cultural development of Canada's regions.

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. 101 (motion), 9 and 7 (inquiries) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk:

That the Senate refer to the Standing Committee on Rules, Procedures and the Rights of Parliament the issue of developing a systematic process for the application of the Charter of Rights and Freedoms as it applies to the Senate of Canada.

After debate,

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.

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

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

That the Standing Senate Committee on Rules, Procedure and the Rights of Parliament be authorized to examine and report upon the current provisions of the Constitution Act, 1867 that relate to the Senate and the need and means to modernize such provisions, either by means of the appropriate amending formula in the Act and/or through modifications to the Rules of the Senate. In particular, the Committee shall be authorized to examine:

(a) section 23 of the Constitution Act, 1867, with respect to the qualifications of a Senator;

(b) sections 26 and 27 of the Constitution Act, 1867, with respect to the addition of Senators in certain cases and the reduction of the Senate to its normal number;

(c) section 29 (1) of the Constitution Act, 1867, with respect to tenure in the Senate;

(d) section 31 of the Constitution Act, 1867, with respect to the disqualification of Senators;

(e) section 34 of the Constitution Act, 1867, with respect to the appointment of the Speaker of the Senate;

(f) section 36 of the Constitution Act, 1867, with respect to voting in the Senate;

(g) any other related section of the Constitution Act, 1867; and

That the Committee submit its final report no later than June 21, 2007.

After debate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.

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

The Honourable Senator Keon, for the Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Meighen:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine the future of literacy programs in Canada, the consolidation of federal funding and the role of literacy organizations in promoting education and employment skills in Canada.

After debate,

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

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Meighen:

That, notwithstanding the Order of the Senate adopted on Thursday, April 27, 2006, the Standing Senate Committee on Human Rights which was authorized to examine and report upon Canada's international obligations in regards to the rights and freedoms of children, be empowered to extend the date of presenting its final report from December 31, 2006 to March 31, 2007 and that the Committee retain until June 30, 2007 all powers necessary to publicize its findings.

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


Ordered, That Order No. 3 under ORDERS OF THE DAY, OTHER BUSINESS, Reports of Committees, be again called.

Consideration of the fifth report of the Committee of Selection (change of membership to the National Security and Defence Committee), presented in the Senate on November 28, 2006.

The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk that the report be adopted.

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

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Debt Management Report for the fiscal year ended March 31, 2006, pursuant to the Financial Administration Act, S.C. 1999, c. 26, s. 23.—Sessional Paper No. 1/39-596.

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 3:19 p.m. the Senate was continued until Tuesday, December 5, 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 Munson, Zimmer and Chaput substituted for those of the Honourable Senators Zimmer, Munson and Zimmer (November 28).


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