Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 96
Thursday, May 10, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Callbeck, Carney, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Callbeck, Carney, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, *Goldstein, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Rompkey, Sibbeston, 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 Bacon, Chair of the Standing Senate Committee on Transport and Communications, tabled its ninth report entitled: The challenges ahead for the Canadian Television Fund.—Sessional Paper No. 1/39-815S.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, 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 Furey, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its sixteenth report (conduct of staff).—Sessional Paper No. 1/39-816S.
The Honourable Senator Furey 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.
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its seventeenth report (Bill C-252, An Act to amend the Divorce Act (access for spouse who is terminally ill or in critical condition), without amendment).
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, tabled its twelfth report entitled: Canada and the United Nations Human Rights Council: At the Crossroads.—Sessional Paper No. 1/39-817S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Eyton, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Milne tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association, respecting its participation at the Parliamentary Conference on Northern Dimension, held in Brussels, Belgium, from February 28 to March 1, 2007. —Sessional Paper No. 1/39-818.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Nancy Ruth, for the second reading of Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Angus, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 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
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Cordy, for the third reading of Bill S-201, An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and geographic criteria in appointment processes), as amended.
After debate,
The question being put on the motion, 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.
Orders No. 2 to 8 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill C-277, An Act to amend the Criminal Code (luring a child).
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Nolin, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the eleventh report of the Standing Senate Committee on Human Rights (budget—study on Canada's international and national human rights obligations—power to hire staff), presented in the Senate on May 8, 2007.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the eighteenth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on domestic and international financial system), presented in the Senate on May 8, 2007.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Stollery, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the seventeenth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on interprovincial barriers to trade—power to travel), presented in the Senate on May 8, 2007.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Stollery, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the sixteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on early learning and child care), presented in the Senate on May 8, 2007.
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on literacy), presented in the Senate on May 8, 2007.
The Honourable Senator Keon moved, seconded by the Honourable Senator Cochrane, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fourteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on cities), presented in the Senate on May 8, 2007.
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the thirteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on population health), presented in the Senate on May 8, 2007.
The Honourable Senator Keon moved, seconded by the Honourable Senator Cochrane, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (budget—study on aboriginal languages—power to travel), presented in the Senate on May 3, 2007.
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the eighth report of the Standing Senate Committee on Fisheries and Oceans (budget—release of additional funds (study on the federal government's new and evolving policy framework for managing Canada's fisheries and oceans)), presented in the Senate on May 3, 2007.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Fraser, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifteenth report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds (study on the national security policy of Canada)), presented in the Senate on May 3, 2007.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Furey, that the report be adopted.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived, on division.
The question being put on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Furey:
That the report be adopted.
The motion was adopted on the following vote:
YEAS
The Honourable Senators
Banks, Biron, Callbeck, Cook, Cools, Corbin, Cowan, Dawson, De Bané, Downe, Eggleton, Fairbairn, Furey, Hays, Hervieux-Payette, Hubley, Kenny, Lovelace Nicholas, Mahovlich, Mercer, Milne, Mitchell, Moore, Munson, Peterson, Poulin, Sibbeston, Stollery, Tardif, Trenholme Counsell, Zimmer—31
NAYS
The Honourable Senators
Cochrane, Comeau, Keon, LeBreton, Massicotte, Nancy Ruth , Oliver, Stratton, Tkachuk—9
ABSTENTIONS
The Honourable Senators
Adams, Dyck, Meighen, Murray, Prud'homme, Watt—6
Ordered, That Order No. 1 be again called.
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Downe, for the adoption of the fifteenth report of the Standing Committee on Internal Economy, Budgets and Administration (committee budgets—legislation), presented in the Senate on May 3, 2007.
The question being put on the motion, it was adopted.
Consideration of the eighth report of the Standing Senate Committee on Foreign Affairs and International Trade (budget—study on the effectiveness of Canada's promotion of democratic development abroad—power to hire staff), presented in the Senate on May 1, 2007.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Corbin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the ninth report of the Standing Senate Committee on Foreign Affairs and International Trade (budget—study on the evacuation of Canadian citizens from Lebanon in July 2006), presented in the Senate on May 1, 2007.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Mahovlich, that the report be adopted.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Keon, that the seventh report of the Standing Senate Committee on Foreign Affairs and International Trade entitled Overcoming 40 Years Of Failure: A New Road Map For Sub-Saharan Africa, tabled in the Senate on February 15, 2007, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Foreign Affairs, the Minister of International Trade, the Minister of International Cooperation and the Minister of National Defence being identified as Ministers responsible for responding to the report.
After debate,
The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 15 to 22 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 23 (eighth report of the National Security and Defence Committee) remain on the Order Paper for another fifteen consecutive sitting days.
Ordered, That notwithstanding rule 27(3), Order No. 24 (tenth report of the National Security and Defence Committee) remain on the Order Paper for another fifteen consecutive sitting days.
Consideration of the third report of the Special Senate Committee on Aging (budget—study on the implications of an aging society in Canada), presented in the Senate on May 8, 2007.
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen, that the report be adopted.
The question being put on the motion, it was adopted.
Ordered, That the sixteenth report of the Standing Committee on Internal Economy, Budgets and Administration, placed earlier this day on the Order Paper of the next sitting, be brought forward.
Consideration of the sixteenth report of the Standing Committee on Internal Economy, Budgets and Administration (conduct of staff), tabled in the Senate earlier this day.
After debate,
The Honourable Senator Tardif 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.
Other
Orders No. 3 and 31 (inquiries) 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,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Fraser.
Orders No. 166 (motion), 25 (inquiry) and 167 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Eggleton, P.C., 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 question being put on the motion, it was adopted.
Orders No. 20 (inquiry), 92, 140 (motions), 23, 22 and 9 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Callbeck calling the attention of the Senate to the importance of Canadian immigration policy to the economic, social and cultural development of Canada's regions.
After debate,
The Honourable Senator Tardif 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.
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 moved, seconded by the Honourable Senator Oliver, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 8 (inquiry), 119 (motion), 6, 21, 19, 11, 27 and 28 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Banks:
That the Senate call on the Government of Canada to widely disseminate its endorsement of the Paris Commitments to Protect Children from Unlawful Recruitment or Use by Armed Forces or Armed Groups, known as the Paris Principles and adopted by 58 countries in Paris, France on February 6, 2007; and
That the Senate urge the Government of Canada to take a global leadership role in the campaign of eradicating child soldiers as enunciated in the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000) as well as Security Council resolutions 1539 (2004) on Children in Armed Conflict, and 1612 (2005) on Monitoring and Reporting on Violations Against Children in War.
After debate,
The Honourable Senator Munson moved, seconded by the Honourable Senator Peterson, 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 Stollery moved, seconded by the Honourable Senator Cowan:
That, notwithstanding the Order of the Senate adopted on Tuesday, May 9, 2006, the Standing Senate Committee on Foreign Affairs and International Trade, which was authorized to examine such issues as may arise from time to time relating to foreign relations generally, be empowered to extend the date of presenting its final report to March 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 Tkachuk:
That when the Senate adjourns today, it do stand adjourned until Tuesday, May 15, 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 the Commissioner of Competition for the fiscal year ended March 31, 2006, pursuant to the Competition Act, R.S.C. 1985, c. 19, (2nd Supp.), s. 127.—Sessional Paper No. 1/39-813.
Summaries of the Corporate Plan for 2007-2008 to 2011-2012 and of the Operating and Capital Budgets for 2007- 2008 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-814.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
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, May 15, 2007, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Peterson and Mahovlich substituted for those of the Honourable Senators Dawson and Milne (May 9).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Nolin (May 9).
The names of the Honourable Senators Nolin and Zimmer substituted for those of the Honourable Senators Tkachuk and Bryden (May 10).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Carney (May 10).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Cowan substituted for that of the Honourable Senator Sibbeston (May 10).