Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 58
Thursday, December 7, 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, Carney, Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carney, Carstairs, Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
2003-2004 Annual report of the Implementation Committee on the Gwich'in Comprehensive Land Claim Agreement.—Sessional Paper No. 1/39-612.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Oliver presented the following:
Thursday, December 7, 2006
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
EIGHTH REPORT
Your Committee, to which was referred the motion of the Honourable Senator LeBreton, P.C., dated November 22, 2006, and the message from the House of Commons, dated November 21, 2006, relating to amendments to Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, has, in obedience to the Order of Reference of Thursday, November 23, 2006, examined the said motion and message, heard witnesses, and now reports as follows.
Your Committee recommends:
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 4 to 12, 14, 15, 18 to 20, 22 to 24, 28, 30, 31, 68, 69, 71, 80, 83, 85, 88 to 90, 92, 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;
That the Senate do insist on its amendment 2 because it must be clearly recognized that the two Houses of Parliament are not public sector entities in the same way as are federal departments and agencies, which are in fact bodies responsible to Canadians through Parliament; and that the Senate do insist on amendments 25, 34 to 54, 55(a) to (d), 55(e)(ii) to (viii), 56 to 62, 65 and 94, since these amendments, which deal with the Senate Ethics Officer, are of significant importance to the status and privileges of the Senate of Canada as a constitutionally separate and independent House of Parliament, and reflect the practice of other Westminster based parliamentary democracies; and
That a Message be sent to the House of Commons to acquaint that House accordingly and seek their concurrence.
Respectfully submitted,
DONALD H. OLIVER
Chair
With leave of the Senate,
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 later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Carstairs, P.C., Deputy Chair of the Standing Senate Committee on Human Rights, presented its sixth report (budget—study on Canada's international and national human rights obligations—power to travel).
(The report is printed as appendix "A'')
The Honourable Senator Carstairs, 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 Carstairs, P.C., Chair of the Special Senate Committee on Aging, presented its first report (budget—study on the implications of an aging society in Canada—power to hire staff).
(The report is printed as appendix "B'')
With leave of the Senate,
The Honourable Senator Carstairs, P.C. moved, seconded by the Honourable Senator Austin, P.C., that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its third report (budget—study on emerging issues related to its mandate—power to travel).
(The report is printed as appendix "C'')
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Furey presented the following:
Thursday, December 7, 2006
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
NINTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2006-2007.
Foreign Affairs and International Trade (Legislation)
Professional and Other Services: $ 3,000 Transport and Communications: 750 Other Expenditures: 750 TOTAL: $ 4,500
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Bacon, 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, presented its sixth report (budget—release of additional funds (study on the need for a National Security Policy)).
(The report is printed as appendix "D'')
With leave of the Senate,
The Honourable Senator Kenny moved, seconded by the Honourable Senator Furey, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Day tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association, respecting its participation at the 27th General Assembly of the ASEAN Inter-Parliamentary Organization, held in Cebu, Philippines, from September 10 to 15, 2006.—Sessional Paper No. 1/39-613.
The Honourable Senator Poulin tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group, respecting its participation at the third Executive Committee Meeting of the Inter-Parliamentarians for Social Services Forum, held in Jeju, Korea, from August 23 to 25, 2006.—Sessional Paper No. 1/39-614.
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the first Asia Pacific Parliamentarians Conference on Environment and Development, held in Seoul, Korea, from September 1 to 3, 2006. —Sessional Paper No. 1/39-615.
Presentation of Petitions
The Honourable Senator Rivest presented petitions:
Of Residents of Canada concerning young Canadian volunteers.
The Honourable Senator Callbeck presented petitions:
Of Residents of Canada concerning young Canadian volunteers.
The Honourable Senator Zimmer presented petitions:
Of Residents of Canada concerning young Canadian volunteers.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return 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,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Reports of Committees
Consideration of the eight report of the Standing Senate Committee on Legal and Constitutional Affairs (motion and message concerning Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability), presented in the Senate earlier this day.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin, that the report be amended in the French version by replacing, in the second line of the paragraph beginning with the words "Que le Sénat insiste sur l'amendement 2'', the word "reconnaît'' with the words "faut reconnaître'' and by replacing, in the same paragraph on the fifth line, the words "mais qu'elles sont plutôt'' by the words "qui sont en fait''.
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Tkachuk, for the adoption of the report, as amended, it was adopted.
Ordered, That the Clerk do carry this Bill back to the House of Commons and acquaint that House that the Senate concurs in the amendments made by the House of Commons to its amendments 29, 98 and 153 without amendment; that the Senate does not insist on its amendments 4 to 12, 14, 15, 18 to 20, 22 to 24, 28, 30, 31, 68, 69, 71, 80, 83, 85, 88 to 90, 92, 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 the Senate does insist on its amendments 2, 25, 34 to 54, 55(a) to (d), 55(e)(ii) to (viii), 56 to 62, 65 and 94.
Bills
Third reading of 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.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Nolin, that the bill be read the third time.
After debate,
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Joyal, P.C., 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 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 Comeau moved, seconded by the Honourable Senator Stratton, 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-34, An Act to provide for jurisdiction over education on First Nation lands in British Columbia.
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, 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-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.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Keon, that the bill be read the second time.
After debate,
The Honourable Senator Hays, for the Honourable Senator Mitchell, moved, seconded by the Honourable Senator Rompkey, P.C., 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 LeBreton, P.C., seconded by the Honourable Senator Comeau, for the second reading of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure).
After debate,
The Honourable Senator Comeau, for 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. 6 was called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That television cameras be permitted in the Senate Chamber to record the Royal Assent Ceremony on Tuesday, December 12, 2006, with the least possible disruption of the proceedings.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That when the Senate adjourns on Thursday, December 7, 2006, it do stand adjourned until Monday, December 11, 2006, at 6 p.m. and that rule 13(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 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.
Private Bills
Third reading of Bill S-1001, An Act respecting Scouts Canada.
The Honourable Senator Di Nino 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 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.
Reports of Committees
Consideration of the sixth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-213, An Act to amend the Criminal Code (cruelty to animals), with an amendment), presented in the Senate on December 6, 2006.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Stratton, that the report be adopted.
After debate,
The question being put on the motion, it was adopted, on division.
With leave of the Senate,
The Honourable Senator Bryden moved, seconded by the Honourable Senator Joyal, P.C., that the bill, as amended, be read the third time now.
The question being put on the motion, it was adopted, on division.
The bill, as amended, was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill to which it desires its concurrence.
Orders No. 2 to 7 were called and postponed until the next sitting.
Consideration of the first report of the Special Senate Committee on Aging (budget—study on the implications of an aging society in Canada—power to hire staff), presented in the Senate earlier this day.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Corbin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on emerging issues related to its mandate—power to travel), presented in the Senate earlier this day.
The Honourable Senator Banks moved, seconded by the Honourable Senator Mahovlich, that the report be adopted.
After debate,
In amendment, the Honourable Senator Sibbeston moved, seconded by the Honourable Senator Adams, that the report be not now adopted but that it be amended by cutting the budget by half.
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question was then put on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Mahovlich, for the adoption of the report, it was adopted.
Consideration of the sixth report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds (study on the need for a National Security Policy)), presented in the Senate earlier this day.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
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 Rompkey, P.C., moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 92 (motion), 8, 12 (inquiries), 104, 124 (motions), 3 (inquiry), 119 (motion), 20, 15, 17, 6, 11 (inquiries), 5 (motion) and 19 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Robichaud, P.C.:
That the Senate urge the Government of Canada to reconsider its decision to discontinue the Court Challenges Program which has enabled citizens to seek redress and assert their rights guaranteed under the Constitution and particularly the Charter of Rights and Freedoms;
That the Standing Senate Committee on Official Languages be authorized to study and report on the benefits and results that have been achieved through the Court Challenges Program;
That the Committee submit its final report no later than December 22, 2006; and
That a message be sent to the House of Commons informing it that the Senate regrets the Government's decision to terminate the Court Challenges Program and urges it to take action to persuade the Government to reconsider that decision.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C., that the motion be amended by replacing the words "Official Languages'' with "Legal and Constitutional Affairs'' in the second paragraph;
That the words "December 22, 2006; and'' be replaced with "Wednesday, February 28, 2007.'' in the third paragraph; and
That the last paragraph be deleted.
After debate,
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Robichaud, P.C.:
That the Senate urge the Government of Canada to reconsider its decision to discontinue the Court Challenges Program which has enabled citizens to seek redress and assert their rights guaranteed under the Constitution and particularly the Charter of Rights and Freedoms;
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to study and report on the benefits and results that have been achieved through the Court Challenges Program;
That the Committee submit its final report no later than Wednesday, February 28, 2007.
The motion, as amended, was adopted.
Resuming debate on the inquiry of the Honourable Senator Trenholme Counsell calling the attention of the Senate to concerns regarding the Agreements in Principle signed by the Government of Canada and the Provincial governments between April 29, 2005 and November 25, 2005 entitled Moving Forward on Early Learning and Child Care, as well as the funding agreements with Ontario, Manitoba and Québec, and the Agreements in Principle prepared for the Yukon, the North West Territories and Nunavut.
After debate,
The Honourable Senator Munson moved, seconded by the Honourable Senator Chaput, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 7 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
ADJOURNMENT
The Honourable Senator Comeau 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 6:35 p.m. the Senate was continued until Monday, December 11, 2006 at 6 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 Cowan and Jaffer substituted for those of the Honourable Senators Jaffer and Cowan (December 7).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Munson substituted for that of the Honourable Senator Chaput (December 6).