56 Elizabeth II, A.D. 2007, Canada

Journals of the Senate

1st Session, 39th Parliament

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Issue 69

Tuesday, February 13, 2007
2:00 p.m.

The Honourable Rose-Marie Losier-Cool, Speaker pro tempore

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carstairs, Champagne, Chaput, 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, Johnson, Joyal, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Trenholme Counsell

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carstairs, Champagne, Chaput, 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, Johnson, Joyal, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Trenholme Counsell

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker pro tempore tabled the following:

The February 2007 Report of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, S.C. 1995, c. 43, s. 3.—Sessional Paper No. 1/39-658.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its tenth report (Bill C-28, A second Act to implement certain provisions of the budget tabled in Parliament on May 2, 2006, without amendment).

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Prud'homme, P.C., 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 Eyton, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented its fourth report (Report No. 78 — Disallowance).

(The report is printed as an appendix)

The Honourable Senator Eyton moved, seconded by the Honourable Senator Andreychuk, 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

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 Milne moved, seconded by the Honourable Senator Gill, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput,Cook, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Hays, Hervieux-Payette, Joyal, Mahovlich, Milne, Mitchell, Moore, Munson, Pépin, Peterson, Phalen, Poulin, Ringuette, Robichaud, Smith, Spivak, Stollery, Tardif, Trenholme Counsell—47

NAYS

The Honourable Senators

Andreychuk, Angus, Champagne, Comeau, Di Nino, Eyton, Gustafson, Johnson, LeBreton, Meighen, Nancy Ruth, Nolin, Segal, St. Germain, Stratton—15

ABSTENTIONS

The Honourable Senators

Cools, Prud'homme—2

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

Second reading of Bill C-26, An Act to amend the Criminal Code (criminal interest rate).

The Honourable Senator Eyton moved, seconded by the Honourable Senator Meighen, that the bill be read the second time.

After debate,

The Honourable Senator Callbeck moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.

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

Orders No. 4 and 5 were called and postponed until the next sitting.

Motions

Order No. 1 was 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 6 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-204, An Act respecting a National Philanthropy Day.

After debate,

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Nolin, 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 and 2 were called and postponed until the next sitting.

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 Ringuette moved, seconded by the Honourable Senator Cordy, that further debate on the motion in amendment be adjourned until the next sitting.

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

Order No. 4 was called and postponed until the next sitting.

Consideration of the sixth report (interim) of the Standing Senate Committee on Agriculture and Forestry, entitled: Understanding Freefall: The Challenge of the Rural Poor, tabled in the Senate on December 13, 2006.

After debate,

The Honourable Senator Cowan, for the Honourable Senator Callbeck, moved, seconded by the Honourable Senator Fraser, 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.

Order No. 6 was called and postponed until the next sitting.

Other

Orders No. 81 and 119 (motions) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Tkachuk, for the Honourable Senator Segal, seconded by the Honourable Senator Stratton:

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on the effectiveness of Canada's promotion of democratic development abroad; the role of the Parliament of Canada in this context; and

That the Committee shall present its final report no later than December 31, 2007, and that the Committee shall retain all powers necessary to publicize the findings of the Committee as set forth in its final report until March 31, 2008;

And on the motion in amendment of the Honourable Senator Corbin, seconded by the Honourable Senator Day, that the motion be amended by deleting at the end of the first paragraph the word "and'', and by adding after the first paragraph the words "That the Committee be authorized to travel outside Canada for the purpose of its study; and''.

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 Tkachuk, for the Honourable Senator Segal, seconded by the Honourable Senator Stratton:

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on the effectiveness of Canada's promotion of democratic development abroad; the role of the Parliament of Canada in this context;

That the Committee be authorized to travel outside Canada for the purpose of its study; and

That the Committee shall present its final report no later than December 31, 2007, and that the Committee shall retain all powers necessary to publicize the findings of the Committee as set forth in its final report until March 31, 2008.

The motion, as amended, was adopted.

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 Comeau, for the Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Stratton, that further debate on the inquiry be adjourned until the next sitting.

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

Orders No. 20 and 15 (inquiries) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Andreychuk:

That the Senate urge the Government of the People's Republic of China and the Dalai Lama, notwithstanding their differences on Tibet's historical relationship with China, to continue their dialogue in a forward-looking manner that will lead to pragmatic solutions that respect the Chinese constitutional framework, the territorial integrity of China and fulfill the aspirations of the Tibetan people for a unified and genuinely autonomous Tibet.

After debate,

The Honourable Senator Munson, for the Honourable Senator Jaffer, moved, seconded by the Honourable Senator Chaput, that further debate on the motion be adjourned until the next sitting.

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

Orders No. 3, 17, 6, 19, 11 (inquiries), 5 (motion) 18, 23, 9 (inquiries), 92 (motion), 8, 12 (inquiries) and 104 (motion) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Champagne, P.C.:

That the papers and evidence received and taken and the work accomplished by the Standing Senate Committee on Aboriginal Peoples during the First session of the Thirty-eighth Parliament during its study of the subject matter of Bill S-16, An Act providing for the Crown's recognition of self-governing First Nations of Canada, be referred to the said Committee for its study on 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.

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

Report of the Canadian Wheat Board, together with the Auditors' Report, for the crop year ended July 31, 2006, pursuant to the Canadian Wheat Board Act, R.S.C. 1985, c. C-24, sbs. 9(2). —Sessional Paper No. 1/39-657.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:16 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Chaput (February 8).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Meighen (February 6).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Cochrane (February 12).

Standing Senate Committee on Foreign Affairs and International Trade

The name of the Honourable Senator Smith substituted for that of the Honourable Senator Phalen (February 12).

Standing Senate Committee on Human Rights

The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Nancy Ruth (February 12).

The name of the Honourable Senator Nancy Ruth substituted for that of the Honourable Senator Stratton (February 13).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Biron substituted for that of the Honourable Senator Christensen (February 13).

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