Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 71
Thursday, February 15, 2007
1:30 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Eggleton, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Keon, Losier-Cool, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, *Day, De Bané, Downe, Dyck, Eggleton, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, *Kenny, Keon, *Kinsella, Losier-Cool, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Segal, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its seventh report entitled: Overcoming 40 Years of Failure: A New Road Map for Sub-Saharan Africa.—Sessional Paper No. 1/39-666S.
The Honourable Senator Segal moved, seconded by the Honourable Senator Stollery, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its thirteenth report (budget—release of additional funds (study on Interprovincial Barriers to Trade)—power to travel).
(The report is printed as an appendix)
The Honourable Senator Grafstein 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 Oliver, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its tenth report (Bill C-16, An Act to amend the Canada Elections Act, without amendment).
The Honourable Senator Oliver moved, seconded by the Honourable Senator Nolin, 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 Senate Public Bills
The Honourable Senator Milne presented a Bill S-223, An Act to amend the Access to Information Act.
The bill was read the first time.
The Honourable Senator Milne moved, seconded by the Honourable Senator Cook, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Trenholme Counsell, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
A point of order was raised with respect to Question Period.
After debate,
The Speaker pro tempore reserved her decision.
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;
And on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Pépin, that Bill S-3 be not now read a third time but that it be amended as follows:
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.''.
After debate,
With leave of the Senate and pursuant to rule 30, the motion in amendment was withdrawn.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that Bill S-3 be not now read a third time but that it be amended in clause 4, by:
(a) adding after line 20 on page 15 the following:
"(2.1) The Chief of the Defence Staff may make a determination only if he or she is of the opinion that the operational reasons clearly outweigh in importance the public interest in applying the provisions of the Act that, but for the determination, would apply in the circumstances.
(2.2) The Chief of the Defence Staff shall notify the Minister before making a determination.
(2.3) Every 15 days after a determination is made, the Chief of the Defence Staff shall consider whether the operational reasons cease to apply.''
(b) adding after line 31 on page 16 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 made under each of paragraphs 227.15(a) to (d) and the duration of the suspension resulting from each determination; and
(b) the number of determinations made under subsection 227.16(1) and the number of persons 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 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 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, as amended, it was adopted.
The bill, as amended, 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.
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 Prud'homme, P.C., 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
Bacon, Banks, Biron, Bryden, Carstairs, Chaput, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Downe, Fraser, Goldstein, Grafstein, Harb, Hervieux-Payette, Hubley, Joyal, McCoy, Mercer, Milne, Mitchell, Moore, Peterson, Phalen, Ringuette, Robichaud, Tardif, Watt—31
NAYS
The Honourable Senators
Champagne, Cochrane, Comeau, Keon, Meighen, Nancy Ruth, Nolin, St. Germain, Stratton—9
ABSTENTIONS
The Honourable Senators
Nil
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
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-205, An Act to amend the Food and Drugs Act (clean drinking water).
The Honourable Senator Banks moved, seconded by the Honourable Senator Dallaire, that the bill be read the third time.
After debate,
The Honourable Senator Cochrane 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.
Orders No. 2 to 8 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 7 were called and postponed until the next sitting.
Other
Order No. 140 (motion) was called and postponed until the next sitting.
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 Milne moved, seconded by the Honourable Senator Cordy, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 81, 119 (motions), 20, 15 and 3 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Dallaire, calling the attention of the Senate to the final phase of the restoration of the Canadian National Vimy Memorial, begun in 2001 under the auspices of the Canadian Battlefield Memorials Restoration Project.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 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.
INQUIRIES
The Honourable Senator Champagne, P.C., called the attention of the Senate to the crisis in Canada's cultural sector.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 20, 2007, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration and enforcement of the fish habitat protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2006, pursuant to the Fisheries Act, S.C. 1991, c. 1, s. 11.1.—Sessional Paper No. 1/39-665.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Cochrane:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:25 p.m. the Senate was continued until Tuesday, February 20, 2007, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Fairbairn (February 14).
The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Pépin (February 15).
Standing Senate Committee on Fisheries and Oceans
The names of the Honourable Senators Cowan and Phalen substituted for those of the Honourable Senators Hubley and Adams (February 14).
The name of the Honourable Senator Cook substituted for that of the Honourable Senator Campbell (February 15).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Di Nino (February 15).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Peterson (February 15).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Zimmer substituted for that of the Honourable Senator Chaput (February 15).