Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 91
Tuesday, May 1, 2007
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Banks, Biron, Bryden, Callbeck, Campbell, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fortier, Fraser, Furey, Goldstein, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Pitfield, Poulin (Charette), Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, *Bacon, Banks, Biron, Bryden, Callbeck, Campbell, *Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, *Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fortier, Fraser, Furey, Goldstein, Grafstein, *Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, 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, Tkachuk, Trenholme Counsell, 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 Stollery, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its eighth report (budget—study on the effectiveness of Canada's promotion of democratic development abroad—power to hire staff).
(The report is printed as appendix "A'')
The Honourable Senator Stollery moved, seconded by the Honourable Senator Corbin, 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 Stollery, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its ninth report (budget—study on the evacuation of Canadian citizens from Lebanon in July 2006).
(The report is printed as appendix "B'')
The Honourable Senator Stollery moved, seconded by the Honourable Senator Pépin, 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
A message was brought from the House of Commons with a Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:
Reply to Question No. 27, dated February 21, 2007, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Spivak, respecting Natural Resources Canada.—Sessional Paper No. 1/39-790S.
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:
That the Senate do not insist on its amendment to Bill C-16, An Act to amend the Canada Elections Act; and
That a message be sent to the House of Commons to acquaint that House accordingly.
A point of order was raised with respect to the message from the House of Commons.
Debate.
SPEAKER'S RULING
Honourable Senators, I have heard enough to satisfy that I am able to issue a ruling on the point of order that has been raised by the Honourable Senator Cools. I thank her for raising it because there must be clarity in these matters.
When a message like this is read by the Speaker, it is accompanied by the bill, and in this case, Bill C-16. The record of the journey of the bill is contained in the latter pages attached to it. As Senator Cools rightly pointed out, on April 24, 2007, the document signed by Ms. Audrey O'Brien, Clerk of the House of Commons, ordered that the Clerk do carry this bill to the Senate and acquaint their honours that the House disagrees with their amendment. The message, Honourable Senators, which I read, had Bill C-16 attached to it, thereby ensuring that this House is in full possession of the bill. As I read, the House disagreed with the amendment that this honourable House has made. The motion in reply was made by the Leader of the Government in the Senate and that motion is before the House. All of this is quite in order, and that is my ruling.
After debate,
In amendment, the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Tardif, that the motion be amended by adding after the word "accordingly.'', the following:
"However, the Senate expresses its regret that the House of Commons provided no sound reasons to refuse the Senate amendment to Bill C-16, which was clearly in line with the objective of the Bill.''
After debate,
The question being put on the motion in amendment, it was adopted, on division.
The Senate resumed debate on the motion, as amended, of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Comeau:
That the Senate do not insist on its amendment to Bill C-16, An Act to amend the Canada Elections Act; and
That a message be sent to the House of Commons to acquaint that House accordingly.
However, the Senate expresses its regret that the House of Commons provided no sound reasons to refuse the Senate amendment to Bill C-16, which was clearly in line with the objective of the Bill.
After debate,
The question being put on the motion, as amended, it was adopted on the following vote:
YEAS—POUR
The Honourable Senators—Les honorables sénateurs
Andreychuk
Bryden
Callbeck
Campbell
Chaput
Cochrane
Comeau
Cook
Cordy
Cowan
De Bané
Di Nino
Downe
Eggleton
Fairbairn
Fraser
Goldstein
HaysHervieux-Payette
Hubley
Jaffer
Johnson
Keon
Lapointe
LeBreton
Meighen
MerchantMilne
Mitchell
Nancy Ruth
Nolin
Pépin
Peterson
Poulin
Prud'homme
SegalSmith
St. Germain
Stratton
Tardif
Tkachuk
Trenholme Counsell
Watt
Zimmer—44
NAYS—CONTRE
The Honourable Senators—Les honorables sénateurs
Atkins
Banks
Biron
Cools
Corbin
DayKenny
McCoyMercer
MooreMurray
Spivak—12
ABSTENTIONS
The Honourable Senators—Les honorables sénateurs
Adams
Furey
Joyal
Mahovlich
Munson—5
Resuming debate on the motion of the Honourable Senator Angus, seconded by the Honourable Senator Tkachuk, for the third reading of Bill C-36, An Act to amend the Canada Pension Plan and the Old Age Security Act.
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.
Second reading of Bill S-6, An Act to amend the First Nations Land Management Act.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Segal, that the bill be read the second time.
After debate,
The Honourable Senator Peterson moved, seconded by the Honourable Senator Trenholme Counsell, that further debate on the motion 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.
Inquiries
Order No. 1 was 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 to 3 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Second reading of Bill C-294, An Act to amend the Income Tax Act (sports and recreation programs).
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Johnson, that the bill be read the second time.
After debate,
The Honourable Senator Mahovlich moved, seconded by the Honourable Senator Stollery, 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
Order No. 1 was called and postponed until the next sitting, in the name of the Honourable Senator Stollery.
Orders No. 2 to 6 were called and postponed until the next sitting.
Consideration of the fourteenth report of the Standing Senate Committee on National Security and Defence (subcommittee's attendance at the 90th Anniversary of the Battle of Vimy Ridge), tabled in the Senate on April 24, 2007.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Orders No. 8 to 11 were called and postponed until the next sitting.
Order No. 12 (third report of the Agriculture and Forestry Committee) was called and pursuant to rule 27(3) was dropped from the Order Paper.
Orders No. 13 and 14 were called and postponed until the next sitting.
Other
Orders No. 20 (inquiry), 92 and 140 (motions) 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 situation in the Darfur region of Sudan and the importance of Canada's commitment to the people of this war-torn country.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nancy Ruth, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 23, 22, 9, 12, 14, 25 (inquiries), 168 (motion), 8 (inquiry), 119 (motion), 26, 6 (inquiries), 166 (motion), 21, 19, 11, 27 and 28 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon:
That the Senate call upon the Government of Canada to engage in negotiations with the European Union towards a free trade agreement, in order to encourage investment and free movement of people and capital.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Johnson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Watt:
That the Twelfth Report of the Standing Senate Committee on Social Affairs, Science and Technology entitled Pay Now or Pay Later, Autism Families in Crisis tabled in the Senate on March 29, 2007, be adopted; and
That, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Ministers of National Revenue, of Intergovernmental Affairs, of Health and of Finance being identified as Ministers responsible for responding to the report.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summary of the Corporate Plan for 2007-2008 of the Sport Dispute Resolution Centre of Canada, pursuant to the Physical Activity and Sport Act, S.C. 2003, c. 2, s. 32(4).—Sessional Paper No. 1/39-786.
Report of the National Energy Board for the year ended December 31, 2006, pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, s. 133.—Sessional Paper No. 1/39-783. —Sessional Paper No. 1/39-787.
Employment Insurance Monitoring and Assessment Report for the fiscal year ended March 31, 2006, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 3(3).—Sessional Paper No. 1/39-788.
Report on the administration of student financial assistance programs for the loan year 2004-2005, pursuant to the Canada Student Financial Assistance Act, S.C. 2003, c.15, s. 12.—Sessional Paper No. 1/39-789.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:02 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 Agriculture and Forestry
The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Eyton (April 26).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Moore (April 26).
Standing Senate Committee on Foreign Affairs and International Trade
The names of the Honourable Senators Andreychuk, Tkachuk, Segal and Di Nino added to the membership (April 27).
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Tkachuk (April 30).
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Dawson (May 1).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Segal substituted for that of the Honourable Senator Carney (May 1).