Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 57
Wednesday, December 6, 2006
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Carstairs, Champagne, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Carstairs, Champagne, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, 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:
Certificate of Nomination and biographical notes of Robert Marleau, the nominee for the position of Information Commissioner.—Sessional Paper No. 1/39-610.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Oliver, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its fifth report (Bill S-3, An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act, without amendment but with observations).
(The report is printed as an appendix)
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, 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.
The Honourable Senator Oliver presented the following:
Wednesday, December 6, 2006
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
SIXTH REPORT
Your committee, to which was referred Bill S-213, An Act to amend the Criminal Code (cruelty to animals), has, in obedience to the Order of Reference of Tuesday, September 26, 2006, examined the said Bill and now reports the same with the following amendment:
1. Delete clause 2, page 5.
Respectfully submitted,
DONALD H. OLIVER
Chair
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, 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 Oliver, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its seventh report (Bill S-1001, An Act respecting Scouts Canada, without amendment).
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, 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-34, An Act to provide for jurisdiction over education on First Nation lands in British Columbia, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
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 at the next sitting.
The question being put on the motion, it was adopted.
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 Fifteenth Annual Session of the OSCE Parliamentary Assembly, held in Brussels, Belgium, from July 3 to 7, 2006. —Sessional Paper No. 1/39-611.
Presentation of Petitions
The Honourable Senator Fraser presented petitions:
Of Residents of Canada concerning young Canadian volunteers.
The Honourable Senator Keon presented petitions:
Of Residents of Canada concerning young Canadian volunteers.
The Honourable Senator Mercer presented petitions:
Of Residents of Canada concerning young Canadian volunteers.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Reports of Committees
Consideration of the fifth report of the Standing Senate Committee on National Finance (Supplementary Estimates (A) 2006-2007), presented in the Senate on November 29, 2006.
The Honourable Senator Day moved, seconded by the Honourable Senator Furey, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills
Third reading of 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.
The Honourable Senator Nancy Ruth 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 a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
Third reading of 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.
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Stratton, 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 a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
Order No. 3 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Meighen, seconded by the Honourable Senator Comeau, for the second reading of Bill C-17, An Act to amend the Judges Act and certain other Acts in relation to courts.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Champagne, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 5 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to undertake a review of the proposed Regulations under section 8 of the Assisted Human Reproduction Act, deposited with the Clerk of the Senate on October 27, 2006; and
That the committee submit its final report no later than thirty sitting days after the proposed regulations were laid before the Senate.
After debate,
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 2 and 3 were 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
Orders No. 1 to 5 were called and postponed until the next sitting.
Consideration of the seventh report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on the issue of funding for the treatment of autism—power to hire staff), presented in the Senate on November 23, 2006.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 7 was 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 Robichaud, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 8, 12 (inquiries), 104, 124 (motions) and 3 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Fraser, for the Honourable Senator Grafstein, 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 Segal moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 119 (motion) and 20 (inquiry) were called and postponed until the next sitting.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 15, 17, 6, 11 (inquiries), 5 (motion), 19 (inquiry), 101 (motion), 9 and 7 (inquiries) were called and postponed until the next sitting.
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 3:57 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 Legal and Constitutional Affairs
The name of the Honourable Senator Zimmer substituted for that of the Honourable Senator Cowan (December 5).
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Campbell (December 6).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Munson (December 5).