Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 93
Thursday, May 3, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fraser, Furey, Goldstein, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, Mahovlich, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nolin, Pépin, Peterson, Phalen, Poulin (Charette), Prud'homme, Ringuette, Robichaud, St. Germain, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, *Bacon, Baker, Banks, Biron, Bryden, Callbeck, Campbell, *Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, *Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fraser, Furey, Goldstein, Grafstein, *Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, *Losier-Cool, Mahovlich, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nolin, *Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Prud'homme, Ringuette, *Rivest, Robichaud, St. Germain, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
PRAYERS
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:34 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
May 3, 2007
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaºlle Jean, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 3rd day of May, 2007, at 10:30 a.m.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, May 3, 2007
An Act to amend the Criminal Code (criminal interest rate) (Bill C-26, Chapter 9, 2007)
An Act to amend the Canada Elections Act (Bill C-16, Chapter 10, 2007)
An Act to amend the Canada Pension Plan and the Old Age Security Act (Bill C-36, Chapter 11, 2007)
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, presented its ninth report (budget—release of additional funds (study on rural poverty in Canada)).
(The report is printed as appendix "A'')
With leave of the Senate,
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Furey presented the following:
Thursday, May 3, 2007
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FIFTEENTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2007-2008.
Aboriginal Peoples (Legislation)
Professional and Other Services $ 7,800 Transportation and Communications — All Other Expenditures 1,000 TOTAL: $ 8,800
Banking, Trade and Commerce (Legislation)
Professional and Other Services $ 22,000 Transportation and Communications — All Other Expenditures 8,000 TOTAL: $ 30,000
Conflict of Interest (Legislation)
Professional and Other Services $ 53,000 Transportation and Communications — All Other Expenditures — TOTAL: $ 53,000
Fisheries and Oceans (Legislation)
Professional and Other Services $ 4,600 Transportation and Communications — All Other Expenditures — TOTAL: $ 4,600
Legal and Constitutional Affairs (Legislation)
Professional and Other Services $ 42,500 Transportation and Communications 27,610 All Other Expenditures 4,000 TOTAL: $ 74,110
National Finance (Legislation)
Professional and Other Services $ 46,800 Transportation and Communications 15,000 All Other Expenditures 1,000 TOTAL: $ 62,800
Rules, Procedure and Rights of Parliaments (Legislation)
Professional and Other Services $ 19,500 Transportation and Communications — All Other Expenditures — TOTAL: $ 19,500
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Kenny, 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 Keon, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its fifth report (budget—study on aboriginal languages—power to travel).
(The report is printed as appendix "B'')
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen, 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 Johnson, Deputy Chair of the Standing Senate Committee on Fisheries and Oceans, presented its eighth report (budget—release of additional funds (study on the federal government's new and evolving policy framework for managing Canada's fisheries and oceans)).
(The report is printed as appendix "C'')
The Honourable Senator Johnson moved, seconded by the Honourable Senator Nolin, 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 Chaput, Chair of the Standing Senate Committee on Official Languages, presented its sixth report (budget—study on the application of the Official Languages Act).
(The report is printed as appendix "D'')
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mitchell, 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 Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its fifteenth report (budget—release of additional funds (study on the national security policy of Canada)).
(The report is printed as appendix "E'')
The Honourable Senator Kenny moved, seconded by the Honourable Senator Downe, 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
Orders No. 1 to 3 were 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.
Reports of Committees
Orders No. 1 to 13 were called and postponed until the next sitting.
Consideration of the ninth report of the Standing Senate Committee on Agriculture and Forestry (budget—release of additional funds (study on rural poverty in Canada)), presented in the Senate earlier this day.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Pépin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Other
Orders No. 3, 25 (inquiries), 167, 171 (motions), 20 (inquiry), 92, 140 (motions), 23, 22, 9, 12 and 14 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Dallaire, seconded by the Honourable Senator Robichaud, P.C.:
That the Senate call on the Government of Canada to take a leading role in the reinvigoration of the urgent matter of nuclear disarmament in accordance with the Nuclear Non-Proliferation Treaty at the Preparatory Committee Meetings scheduled to convene April 30 to May 11, 2007 in Vienna which act as a prelude to the next Treaty Review Conference in 2010; and
That the Senate urge the Government of Canada to take a global leadership role in the campaign of eradicating the dire threat to humanity posed by nuclear weapons.
After debate,
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Milne presented the following:
Thursday, May 3, 2007
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
ELEVENTH REPORT
Your Committee, to which was referred Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment), has, in obedience to the Order of Reference of Tuesday, February 27, 2007, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
LORNA MILNE
Deputy Chair
Observations to the eleventh report of the Standing Senate Committee on Legal and Constitutional Affairs
Your Committee notes with concern that this bill, along with other proposed amendments to the Criminal Code, are likely to have an impact on Canada's legal aid system as a result of a reduced number of guilty pleas, and a greater number of appeals. Though we note that the government has recently moved to stabilize federal funding of legal aid services, we believe the current funding may be inadequate given the changes the government is proposing in Bill C-9 and elsewhere. We therefore urge the government to work with provincial governments and stakeholders to ensure that the federal government's contribution to legal aid in Canada is increased to meet the needs of Canadians.
Furthermore, your Committee notes that the issues of conditional sentencing touched on in Bill C-9 address only part of Canada's sentencing regime. We therefore propose to study the issue of sentencing more broadly at a future time. Your Committee also expresses its concern about the lack of detailed data on conditional sentences and hopes that the Canadian Centre for Justice Statistics, Statistics Canada, will expand its research to enable us to better understand and evaluate the implications of Bill C-9, and how conditional sentences are implemented in the future.
Finally, in light of the amendment to Bill C-9 made by the House of Commons Standing Committee on Justice and Human Rights referring to criminal organization offences prosecuted by indictment and carrying maximum terms of imprisonment of ten years or more, your Committee notes that the offence of participation in the activities of a criminal organization, set out in section 467.11 of the Criminal Code, is not excluded from having a conditional sentence. We accordingly suggest that a future study on sentencing consider the possibility that all "criminal organization offences,'' as defined in section 2 of the Criminal Code, be ineligible for a conditional sentence.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, 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.
ORDERS OF THE DAY
OTHER BUSINESS
Other
Orders No. 8 (inquiry) and 119 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Banks calling the attention of the Senate to the failure of the Government of Canada to carry out its constitutional duty to appoint qualified persons to the Senate.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 6 (inquiry) was called and postponed until the next sitting
Resuming debate on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Tardif:
That the Standing Senate Committee on Human Rights, in the spirit of reflection and commemoration of International Women's Day and the 25th anniversary of the patriation of the Constitution and its Canadian Charter of Rights and Freedoms, be authorized:
(a) to examine and report on all issues related to female representation in Parliament, including the barriers to the participation of women in federal politics;
(b) to propose positive measures for electoral and other reforms that will
i) promote gender equity in Parliament, and
ii) achieve an increase in the number of women in Parliament;
(c) to consider the status of female representation in other legislative assemblies for comparative purposes in formulating proposed measures; and
That the Committee present its report no later than June 29, 2007.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Milne, 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.
MOTIONS
The Honourable Senator Chaput moved, seconded by the Honourable Senator Zimmer:
That the Standing Senate Committee on Official Languages be authorized to study and report on the state of Francophone culture in Canada, particularly in Francophone minority communities; and
That the Committee submit its final report no later than June 20, 2008, and that the Committee retain all powers necessary to publicize its findings until October 31, 2008.
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 Stratton:
That when the Senate adjourns today, it do stand adjourned until Tuesday, May 8, 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 of Export Development Canada, together with the Auditor General's Report, for the year ended December 31, 2006, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/39- 796.
Summaries of the Corporate Plan and Borrowing Plan for 2007-2008 to 2011-2012 and of the Operating and Capital Budgets for 2007-2008 of the Canadian Commercial Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/39-797.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:07 p.m. the Senate was continued until Tuesday, May 8, 2007, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Campbell substituted for that of the Honourable Senator Fitzpatrick (May 3).