Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 89
Wednesday, April 25, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Bryden, Carney, Chaput, Cochrane, Cook, Cools, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Furey, Gill, Goldstein, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Spivak, Tardif, Tkachuk, Trenholme Counsell, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Bryden, Carney, *Carstairs, Chaput, Cochrane, *Comeau, Cook, Cools, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Furey, Gill, Goldstein, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, *Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Spivak, Tardif, Tkachuk, Trenholme Counsell, Zimmer
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Jack Wiebe, former Senator, whose death occurred on April 16, 2007.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Human Rights, tabled its tenth report entitled: Children: The Silenced Citizens.—Sessional Paper No. 1/39-780S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Cochrane, 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.
Introduction and First Reading of Government Bills
The Honourable Senator Tkachuk presented a Bill S-6, An Act to amend the First Nations Land Management Act.
The bill was read the first time.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Andreychuk, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Losier-Cool tabled the following:
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the meeting of the APF Political Committee, held in Pré-Saint-Didier, Valle d'Aosta, Italy, from February 28 to March 3, 2007.—Sessional Paper No. 1/39-781.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Tkachuk tabled the following:
Reply to Question No. 28, dated February 27, 2007, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Callbeck, respecting the Canada Pension Plan.—Sessional Paper No. 1/39-782S.
MESSAGES FROM THE HOUSE OF COMMONS
A message was received from the House of Commons to return Bill C-16, An Act to amend the Canada Elections Act,
And to acquaint the Senate that the House of Commons disagrees with the amendment made by the Senate to this Bill.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Eyton, that the message 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
A point of order was raised with respect to committee membership.
After debate,
The Speaker reserved his decision.
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Third 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 Keon, that the bill be read the third time.
After debate,
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Mahovlich, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Comeau, calling the attention of the Senate to the Budget, entitled Aspire to a Stronger, Safer, Better Canada, tabled in the House of Commons on March 19, 2007, by the Honourable James M. Flaherty, P.C., M.P., Minister of Finance, and in the Senate on March 20, 2007.
After debate,
The Honourable Senator Tardif 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.
Motions
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Dallaire, for the third reading of Bill S-205, An Act to amend the Food and Drugs Act (clean drinking water).
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
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.
Orders No. 3 to 9 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 7 were called and postponed until the next sitting.
Consideration of the eighth report of the Standing Senate Committee on Human Rights (budget—study on an invitation to the Minister of Indian and Northern Affairs—power to hire staff), presented in the Senate on March 29, 2007.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 9 to 15 were called and postponed until the next sitting.
Consideration of the fourth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules of the Senate—questions of privilege and points of order), presented in the Senate on April 18, 2007.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Nolin, that the report be adopted.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That Inquiry No. 20, in the name of the Honourable Senator Cools, be reinstated on the Orders of the Day for the next sitting, and that it stand at day fifteen for the purposes of rule 27(3).
Ordered, That Order No. 14 be again called.
Consideration of the fifth report of the Standing Joint Committee for the Scrutiny of Regulations (Report No. 79 — Broadcasting Licence Fee Regulations, 1997), tabled in the Senate on March 20, 2007.
The Honourable Senator Eyton moved, seconded by the Honourable Senator Andreychuk, that the report be adopted.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 168 (motion), 8 (inquiry), 119 (motion) 26, 6 (inquiries) and 166 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Fraser, for the Honourable Senator Grafstein, seconded by the Honourable Senator Cook:
That the following Resolution on Combating Anti-Semitism and other forms of intolerance which was adopted at the 15th Annual Session of the OSCE Parliamentary Association, in which Canada participated in Brussels, Belgium on July 7, 2006, be referred to the Standing Senate Committee on Human Rights for consideration and that the Committee table its final report no later than March 31, 2007:
RESOLUTION ON
COMBATING ANTI-SEMITISM
AND OTHER FORMS OF INTOLERANCE
1. Calling attention to the resolutions on anti-Semitism adopted unanimously by the OSCE Parliamentary Assembly at its annual sessions in Berlin in 2002, Rotterdam in 2003, Edinburgh in 2004 and Washington in 2005,
2. Intending to raise awareness of the need to combat anti-Semitism, intolerance and discrimination against Muslims, as well as racism, xenophobia and discrimination, also focusing on the intolerance and discrimination faced by Christians and members of other religions and minorities in different societies,
The OSCE Parliamentary Assembly:
3. Recognizes the steps taken by the OSCE and the Office for Democratic Institutions and Human Rights (ODIHR) to address the problems of anti-Semitism and other forms of intolerance, including the work of the Tolerance and Non-Discrimination Unit at the Office for Democratic Institutions and Human Rights, the appointment of the Personal Representatives of the Chairman-in-Office, and the organization of expert meetings on the issue of anti- Semitism;
4. Reminds its participating States that "Anti-Semitism is a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and physical manifestations of anti-Semitism are directed towards Jewish or non-Jewish individuals and/or their property, towards Jewish community institutions and religious facilities'', this being the definition of anti-Semitism adopted by representatives of the European Monitoring Centre on Racism and Xenophobia (EUMC) and ODIHR;
5. Urges its participating States to establish a legal framework for targeted measures to combat the dissemination of racist and anti-Semitic material via the Internet;
6. Urges its participating States to intensify their efforts to combat discrimination against religious and ethnic minorities;
7. Urges its participating States to present written reports, at the 2007 Annual Session, on their activities to combat anti-Semitism, racism and discrimination against Muslims;
8. Welcomes the offer of the Romanian Government to host a follow-up conference in 2007 on combating anti- Semitism and all forms of discrimination with the aim of reviewing all the decisions adopted at the OSCE conferences (Vienna, Brussels, Berlin, Córdoba, Washington), for which commitments were undertaken by the participating States, with a request for proposals on improving implementation, and calls upon participating States to agree on a decision in this regard at the forthcoming Ministerial Conference in Brussels;
9. Urges its participating States to provide the OSCE Office for Democratic Institutions and Human Rights (ODIHR) with regular information on the status of implementation of the 38 commitments made at the OSCE conferences (Vienna, Brussels, Berlin, Córdoba, Washington);
10. Urges its participating States to develop proposals for national action plans to combat anti-Semitism, racism and discrimination against Muslims;
11. Urges its participating States to raise awareness of the need to protect Jewish institutions and other minority institutions in the various societies;
12. Urges its participating States to appoint ombudspersons or special commissioners to present and promote national guidelines on educational work to promote tolerance and combat anti-Semitism, including Holocaust education;
13. Underlines the need for broad public support and promotion of, and cooperation with, civil society representatives involved in the collection, analysis and publication of data on anti-Semitism and racism and related violence;
14. Urges its participating States to engage with the history of the Holocaust and anti-Semitism and to analyze the role of public institutions in this context;
15. Requests its participating States to position themselves against all current forms of anti-Semitism wherever they encounter it;
16. Resolves to involve other inter-parliamentary organizations such as the IPU, the Council of Europe Parliamentary Assembly (PACE), the Euro-Mediterranean Parliamentary Assembly (EMPA) and the NATO Parliamentary Assembly in its efforts to implement the above demands.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 21, 19, 11, 27 and 28 (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 Cools moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
At 4 p.m., pursuant to the Order adopted by the Senate on April 6, 2006 the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Roosevelt Campobello International Park Commission, together with the Auditors' Report, for the year ended December 31, 2006, pursuant to the Roosevelt Campobello International Park Commission Act, S.C. 1964- 65, c. 19, s. 7. —Sessional Paper No. 1/39-779.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Robichaud, Fraser and Dawson substituted for those of the Honourable Senators Sibbeston, Banks and Lavigne (April 24).