Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 61
Wednesday, December 13, 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, Biron, Bryden, Callbeck, Campbell, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Merchant, Milne, Mitchell, Munson, Murray, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Spivak, Stollery, Stratton, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, *Banks, Biron, Bryden, Callbeck, Campbell, *Carney, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, *Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, *Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, *Meighen, Mercer, Merchant, Milne, Mitchell, *Moore, Munson, Murray, *Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, *St. Germain, Segal, Spivak, Stollery, Stratton, *Tardif, Tkachuk, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, tabled its sixth report (interim) entitled: Understanding Freefall: The Challenge of the Rural Poor.—Sessional Paper No. 1/39-629S.
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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That 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, which was referred to the Standing Senate Committee on National Finance, be withdrawn from the said Committee and referred to the Standing Senate Committee on Foreign Affairs and International Trade; and
That the Standing Senate Committee on Foreign Affairs and International Trade have the power to sit today, Wednesday, December 13, 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.
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 Ninth Bilateral Consultations, held in Beijing, Guangzhou, Macao and Hong Kong, China, from October 7 to 15, 2006. —Sessional Paper No. 1/39-630.
The Honourable Senator Andreychuk tabled the following:
Report of the Canadian Delegation of the Canada-Africa Parliamentary Association, respecting its participation at the Election Observation Mission, held in Kinshasa, Democratic Republic of Congo, from July 28 to August 1, 2006.—Sessional Paper No. 1/39-631.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act, as amended.
The Honourable Senator Eyton moved, seconded by the Honourable Senator Keon, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill, as amended, 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, with certain amendments, to which it desires its concurrence.
Resuming debate on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator Stratton, for the third reading of Bill C-17, An Act to amend the Judges Act and certain other Acts in relation to courts.
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, without amendment.
Order No. 2 was called and postponed until the next sitting.
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 Cools 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. 5 to 7 were called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That in accordance with section 54 of the Access to Information Act, Chapter A-1, R.S.C. 1985, the Senate approve the appointment of Robert Marleau as Information Commissioner for a term of seven years.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the sixth report (second interim) of the Standing Senate Committee on National Finance (Estimates 2006-2007), presented in the Senate on November 29, 2006.
The Honourable Senator Day moved, seconded by the Honourable Senator Dallaire, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Resuming debate on the consideration of the first report of the Special Senate Committee on Senate Reform (subject-matter of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure)), tabled in the Senate on October 26, 2006.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, 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 BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Segal, for the second reading of Bill S-216, An Act providing for the Crown's recognition of self-governing First Nations of Canada.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Segal, for the second reading of Bill S-210, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Murray, P.C., that the bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
Orders No. 6 and 7 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., for the second reading of Bill S-219, An Act to amend the Parliamentary Employment and Staff Relations Act.
After debate,
The Honourable Senator Comeau 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.
Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Segal, for the second reading of Bill S-209, An Act concerning personal watercraft in navigable waters.
After debate,
The Honourable Senator Comeau 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.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Fraser, for the adoption 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;
And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Campbell, that the second report of the Special Senate Committee on Senate Reform be not now adopted but that the motion to amend the Constitution of Canada (western regional representation in the Senate), be amended as follows:
(a) by replacing, in the third paragraph of the motion, the words "British Columbia be made a separate division represented by 12 Senators;'' with the following:
"British Columbia be made a separate division represented by 24 Senators;'';
(b) by replacing, in clause 1 of the Schedule to the motion, in section 21, the words "consist of One hundred and seventeen Members'' with the following:
"consist of One hundred and twenty-nine Members'';
(c) by replacing, in clause 1 of the Schedule to the motion, in section 22, the words "British Columbia by Twelve Senators;'' with the following:
"British Columbia by Twenty-four Senators;'';
(d) by striking out, in clause 2 of the Schedule to the motion, in section 27, the words "or, in the case of British Columbia, Twelve Senators,''; and
(e) by replacing, in clause 2 of the Schedule to the motion, in section 28, the words "exceed One hundred and twenty-seven.'' with the following:
"exceed One hundred and thirty-nine.''.
After debate,
The Honourable Senator Bryden moved, seconded by the Honourable Senator Dallaire, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 and 3 were called and postponed until the next sitting.
Consideration of the fifth report of the Standing Senate Committee on Fisheries and Oceans (Bill S-220, An Act to protect heritage lighthouses, with amendments), presented in the Senate on December 11, 2006.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Fraser, that the report be adopted.
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.
Orders No. 5 to 12 were called and postponed until the next sitting.
Other
Orders No. 14 (inquiry) and 134 (motion) were called and postponed until the next sitting.
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 Northwest Territories and Nunavut.
After debate,
The Honourable Senator Cordy moved, seconded by the Honourable Senator Cowan, 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.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:45 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 Official Languages
The name of the Honourable Senator Tardif substituted for that of the Honourable Senator Munson (December 12).
Standing Senate Committee on National Finance
The name of the Honourable Senator Nancy Ruth substituted for that of the Honourable Senator Nolin (December 13).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Stratton (December 13).