Journals of the Senate
55 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 64
Wednesday, January 31, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Austin, Bacon, Biron, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Goldstein, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, LeBreton, Losier-Cool, McCoy, Mercer, Milne, Mitchell, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, *Atkins, Austin, Bacon, *Banks, Biron, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dawson, *Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Goldstein, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, *Kenny, Keon, Kinsella, LeBreton, Losier-Cool, McCoy, *Meighen, Mercer, Milne, Mitchell, *Moore, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Robichaud, Rompkey, *St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Tkachuk tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group, respecting its participation at the 14th Annual Bilateral Meeting, held in Tokyo, Kyoto and Osaka, Japan, from November 12 to 17, 2006.—Sessional Paper No. 1/39-646.
The Honourable Senator Oliver tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Union Group, respecting its participation at the 114th IPU Assembly and related meetings, held in Nairobi, Kenya, from May 7 to 12, 2006.—Sessional Paper No. 1/ 39-647.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:
Reply to Question No. 17, dated November 9, 2006, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Chaput, respecting Canada Post's service practices.—Sessional Paper No. 1/39-648S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Nolin, for the 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.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Pépin, that Bill S- 3 be not now read a third time, but that it be amended in clause 4,
(a) on page 14, by adding after line 24 the following:
"(1.1) If the Chief of the Defence Staff is considering making a determination, he or she shall notify the Minister before making the determination.
(1.2) The Chief of the Defence Staff may make a determination only if he or she is of the opinion that the operational reasons are of such an exigent nature as to outweigh the public interest in applying the provisions of this Act that would, but for the determination, be applicable in the circumstances.'' ; and
(b) on page 16,
(i) by adding after line 3 the following:
"(6) The Chief of the Defence Staff shall, every 15 days after making a determination under this section, consider whether the operational reasons continue to apply and, if they do not, shall revise the date on which the operational reasons cease to apply accordingly.
(7) Subsection (6) applies until the date that is provided in the notice under subsection (4) as the date on which the operational reasons cease to apply, unless a revision is made under subsection (6).
(8) If a revision is made under subsection (6),
(a) the Chief of the Defence Staff shall, without delay, notify the Provost Marshal of the revision;
(b) the Provost Marshal shall, without delay, notify the person who is the subject of the determination of the revision;
(c) in the case of a determination made under paragraph (1)(b) or (c), the Provost Marshal shall, without delay, notify the persons referred to in paragraph (5)(a) or (b) of the revision and of the revised date on which the suspension of the time limit or proceeding ceases to apply; and
(d) a person who registers information for the Provost Marshal shall revise the date that was registered under paragraph 8.2(7)(a) of the Sex Offender Information Registration Act as the date on which the suspension of the time limit, proceeding or obligation ceases to apply.'', and
(ii) by adding after line 31 the following:
"227.171 (1) The Chief of the Defence Staff shall, within 30 days after the end of each year, submit a report to the Minister on the operation of sections 227.15 and 227.16 for that year that includes
(a) the number of determinations that were made under each of paragraphs 227.15(1)(a) to (d) and the duration of the suspension of the time limit, proceeding or obligation resulting from each determination; and
(b) the number of determinations that were made under subsection 227.16(1) and the number of persons who were exempted under subsection 227.16(4) as a result of each determination.
(2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.''.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that the debate on the motion in amendment 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).
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Oliver, for the second reading of Bill C-28, A second Act to implement certain provisions of the budget tabled in Parliament on May 2, 2006.
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 Johnson, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Orders No. 4 and 5 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 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-208, An Act to require the Minister of the Environment to establish, in co- operation with the provinces, an agency with the power to identify and protect Canada's watersheds that will constitute sources of drinking water in the future.
After debate,
The Honourable Senator Comeau 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.
Reports of Committees
Orders No. 1 to 7 were called and postponed until the next sitting.
Other
Orders No. 14 (inquiry), 81, 131 (motions), 18, 23, 9 (inquiries), 92 (motion), 8, 12 (inquiries), 104 (motion), 3 (inquiry), 119 (motion), 20, 15, 17, 6 and 11 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Stollery:
That the following Resolution on Combating Anti-Semitism which was adopted unanimously at the 14th Annual Session of the OSCE Parliamentary Association, in which Canada participated in Washington on July 5, 2005, be referred to the Standing Senate Committee on Human Rights for consideration and that the Committee table its final report no later than October 30, 2006:
RESOLUTION ON COMBATING ANTI-SEMITISM
Recalling the resolutions on anti-Semitism by the OSCE Parliamentary Assembly, which were unanimously passed at the annual meetings in Berlin in 2002, in Rotterdam in 2003 and in Edinburgh in 2004,
1. Referring to the commitments made by the participating states emerging from the OSCE conferences in Vienna (June 2003), Berlin (April 2004) and Brussels (September 2004) regarding legal, political and educational efforts to fight anti-Semitism, ensuring "that Jews in the OSCE region can live their lives free of discrimination, harassment and violence'',
2. Welcoming the convening of the Conference on Anti-Semitism and on Other Forms of Intolerance in Cordoba, Spain in June 2005,
3. Commending the appointment and continuing role of the three Personal Representatives of the Chairman-in- Office of the OSCE on Combating Anti-Semitism, on Combating Intolerance and Discrimination against Muslims, and on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions, reflecting the distinct role of each in addressing these separate issues in the OSCE region,
4. Reaffirming the view expressed in earlier resolutions that anti-Semitism constitutes a threat to fundamental human rights and to democratic values and hence to the security in the OSCE region,
5. Emphasizing the importance of permanent monitoring mechanisms of incidents of anti-Semitism at a national level, as well as the need for public condemnations, energetic police work and vigorous prosecutions,
The Parliamentary Assembly of the OSCE:
6. Urges OSCE participating states to adopt national uniform definitions for monitoring and collecting information about anti-Semitism and hate crimes along the lines of the January 2005 EUMC Working Definition of Anti- Semitism and to familiarize officials, civil servants and others working in the public sphere with these definitions so that incidents can be quickly identified and recorded;
7. Recommends that OSCE participating states establish national data collection and monitoring mechanisms and improve information-sharing among national government authorities, local officials, and civil society representatives, as well as exchange data and best practices with other OSCE participating states;
8. Urges OSCE participating states to publicize data on anti-Semitic incidents in a timely manner as well as report the information to the OSCE Office for Democratic Institutions and Human Rights (ODIHR);
9. Recommends that ODIHR publicize its data on anti-Semitic crimes and hate crimes on a regular basis, highlight best practices, as well as initiate programs with a particular focus in the areas of police, law enforcement, and education;
10. Calls upon national governments to allot adequate resources to the monitoring of anti-Semitism, including the appointment of national ombudspersons or special representatives;
11. Emphasizes the need to broaden the involvement of civil society representatives in the collection, analysis and publication of data on anti-Semitism and related violence;
12. Calls on the national delegations of the OSCE Parliamentary Assembly to ensure that regular debates on the subject of anti-Semitism are conducted in their parliaments and furthermore to support public awareness campaigns on the threat to democracy posed by acts of anti-Semitic hatred, detailing best practices to combat this threat;
13. Calls on the national delegations of the OSCE Parliamentary Assembly to submit written reports at the 2006 Annual Session on the activities of their parliaments with regard to combating anti-Semitism;
14. Calls on the OSCE participating states to develop educational material and teacher training methods to counter contemporary forms of anti-Semitism, as well as update programs on Holocaust education;
15. Urges both the national parliaments and governments of OSCE participating states to review their national laws;
16. Urges the OSCE participating states to improve security at Jewish sites and other locations that are potential targets of anti-Semitic attacks in coordination with the representatives of these communities.
After debate,
The Honourable Senator Comeau 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.
Resuming debate on the inquiry of the Honourable Senator Murray, P.C., calling the attention of the Senate to issues concerning the faithful and exemplary service to Canada, during his entire adult lifetime, of the late Honourable Howard Charles Green of British Columbia.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:07 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 names of the Honourable Senators Fraser and Watt substituted for those of the Honourable Senators Zimmer and Ringuette (January 30).
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Nolin (January 31).
Standing Senate Committee on National Finance
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Eyton (January 30).
The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Peterson (January 31).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Fraser added to the membership (January 30).
The name of the Honourable Senator Hays added to the membership (January 31).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Munson (January 30).
The names of the Honourable Senators Munson and Hubley substituted for that of the Honourable Senators Mercer and Munson (January 31).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Ringuette substituted for that of the Honourable Senator Hervieux-Payette (January 31).