Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 100
Tuesday, May 29, 2007
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Baker, Banks, Bryden, Campbell, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dallaire, Dawson, De Bané, Di Nino, Eggleton, Fairbairn, Fitzpatrick, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, 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, Baker, Banks, Bryden, Campbell, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dallaire, Dawson, *Day, De Bané, Di Nino, *Downe, Eggleton, Fairbairn, Fitzpatrick, Fortier, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
The Senate observed a minute of silence in memory of Corporal Matthew McCully whose tragic death occurred recently while serving his country in Afghanistan, as well as for Captain Shawn McCaughey, a member of the Snowbirds aerial demonstration team.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Information Commissioner for the period ending March 31, 2007, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 38.—Sessional Paper No. 1/39-877.
With leave of the Senate,
The Honourable Senator Hays, P.C., tabled the following:
Report entitled: Renewing the Senate of Canada — A Two-Phase Proposal, dated May 25, 2007.—Sessional Paper No. 1/39-878S.
The Honourable Senator Comeau tabled the following:
Department of Industry User Fees Proposal for a spectrum licence fee for
broadband public safety communications in bands 4940-4990 MHz, pursuant to the
User Fees Act, S.C. 2004, c. 6, sbs. 4(2).—Sessional Paper No. 1/39-879.
(Pursuant to rule 28(3.1), this document is deemed referred to the Standing
Senate Committee on Transport and Communications)
Introduction and First Reading of Senate Public Bills
The Honourable Senator Grafstein presented a Bill S-226, An Act to regulate securities and to provide for a single securities commission for Canada.
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C., 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.
The Honourable Senator Goldstein presented a Bill S-227, An Act to amend the Bankruptcy and Insolvency Act (student loans).
The bill was read the first time.
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Mitchell, 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.
SPEAKER'S RULING
On Wednesday, May 16, 2007, the Honourable Senator Tkachuk, acting pursuant to rule 43, provided written and oral notice of his intention to raise a question of privilege relating to a meeting of the Standing Senate Committee on Energy, the Environment and Natural Resources to conduct clause-by-clause study of Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol, held the evening before. Since the Senate adjourned at 4:00 p.m., pursuant to order, the matter was taken up the following day, Thursday, May 17. I wish to thank all senators who contributed to the discussion, which helped to clarify the full range of issues involved.
It would be helpful to explain how the process for dealing with questions of privilege works. At this stage, the Speaker's role is solely to determine whether a prima facie case of privilege has been made out. If there is found to be a prima facie case of privilege, the senator raising the matter has the opportunity to move a motion, which is then debated by senators. The decision as to whether anything should be done is, ultimately, the Senate's.
As explained in Maingot, the second edition, at page 221, "A prima facie case of privilege in the parliamentary sense is one where the evidence on its face as outlined by the Member is sufficiently strong for the House to be asked to debate the matter...'' In effect, this is a means to allow the Speaker to weed out cases that are not questions of privilege. If the Speaker rules that a reasonable person could conclude that there may have been a violation of privilege, the senator who raised the matter is given the opportunity to propose some type of remedy by immediately moving a motion either to refer the matter to the Rules Committee or to call upon the Senate to take some action. In the end, the matter remains in the hands of the Senate, with the Speaker only providing an initial review.
Certain facts of the situation prompting Senator Tkachuk's question of privilege do not seem to be in dispute. The Senate adjourned at 7:20 p.m. on Tuesday, May 15. The committee, sitting in Room 257 of the East Block, began its meeting to conduct clause-by-clause consideration of Bill C-288 at 7:23 p.m., and the committee completed this process and adjourned at 7:26 p.m. The committee met in public on an order of reference with quorum, after necessary notice, with interpretation available, and did not meet while the Senate was sitting. In terms of the Rules of the Senate, the meeting was in order. This point was emphasized by a number of senators on May 17.
A question of privilege is, however, different from a point of order. The privileges of this Chamber exist because they are necessary to fulfil our obligations as parliamentarians. A question of privilege is therefore a serious matter. As rule 43(1) notes, "A violation of the privileges of any one Senator affects those of all Senators and the ability of the Senate to carry out its functions outlined in the Constitution Act, 1867.''
Four basic conditions must be met for a putative question of privilege to be accorded priority over other matters before the Senate. It is the Speaker's role to evaluate these criteria.
Firstly, rule 43(1)(a) requires that the matter be raised at the earliest opportunity. This is clearly the case here.
Secondly, rule 43(1)(b) requires that the matter directly concern the privileges of the Senate, a committee, or a senator. This case involves a complex interaction between the rights and duties of committee members, the rights of the Senate to the presence of its members, and the freedom usually accorded to committees to conduct their business. This second criterion is also met.
Thirdly, rule 43(1)(c) requires that the question "be raised to seek a genuine remedy, which is in the Senate's power to provide, and for which no other parliamentary process is reasonably available.'' The Speaker's role is limited to evaluating whether there is some option that could fulfil this condition. Senator Tkachuk can move a variety of motions meeting this condition. He has indicated that he is prepared to do so. Thus, the third criterion can reasonably be met.
Fourthly, rule 43(1)(d) requires that the question be raised to correct a grave and serious breach. Fundamentally, Senator Tkachuk has suggested that he was obstructed from his ability to discharge his duties in committee. This is a grave and serious matter.
The putative question of privilege under consideration meets the conditions to be accorded priority under the special processes for a prima facie question of privilege. Senator Tkachuk has outlined how he felt that he was impaired in fulfilling his parliamentary role, given the limited time available to go from the Senate Chamber to the committee room. Senators will now have the opportunity to debate whether this matter should be pursued further.
Again, let me reiterate that this decision on the prima facie aspect of this question of privilege is not a definitive resolution of the issue. This ruling does not establish that Senator Tkachuk's privileges were breached. Nor does it conclude that any action must be taken on the matter. That is a decision for the Senate. Senator Tkachuk now has an opportunity, under rule 44(1), to move a motion either calling on the Senate to take some action or referring the matter to the Rules Committee. The motion must be moved at this time, although it will only be taken into consideration at the end of Orders of the Day or 8:00 p.m., whichever comes first. Debate on the motion can last no more than three hours, with each senator limited to speaking once, and for no more than 15 minutes. Debate can be adjourned and, when concluded, the Senate will decide on Senator Tkachuk's motion. So the final decision is with the Senate.
Therefore, the ruling on this matter is that a prima facie case of privilege has been established and the conditions of rule 43 have been met.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Angus:
That all matters relating to this question of privilege, including the issues raised by the timing and process of the May 15, 2007, meeting of the Standing Senate Committee on Energy, the Environment and Natural Resources and their effect on the rights and privileges of Senators, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for investigation and report; and
That the committee consider both the written and oral record of the proceedings.
Pursuant to rule 44(3), consideration of the motion shall commence when the Senate has completed consideration of the Orders of the Day or no later than 8:00 p.m. today.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Angus, that the bill be read the third time.
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.
Order No. 2 was called and postponed until the next sitting.
Second reading of Bill C-22, An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act.
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Segal, that the bill be read the second time.
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.
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 4 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 Phalen, seconded by the Honourable Senator Day, for the second reading of Bill S-222, An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures, in order to provide assistance and protection to victims of human trafficking.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Di Nino, 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 adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-204, An Act respecting a National Philanthropy Day.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Order No. 7 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-208, An Act to require the Minister of the Environment to establish, in co- operation with the provinces, an agency with the power to identify and protect Canada's watersheds that will constitute sources of drinking water in the future.
After debate,
The Honourable Senator Comeau 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.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Nolin, for the third reading of Bill C-252, An Act to amend the Divorce Act (access for spouse who is terminally ill or in critical condition).
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.
Third reading of Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Trenholme Counsell, that the bill be read the third time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Angus, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Dallaire, seconded by the Honourable Senator Banks, for the second reading of Bill C-293, An Act respecting the provision of official development assistance abroad.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Furey, 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. 4 and 5 were called and postponed until the next sitting.
Reports of Committees
Consideration of the tenth report of the Standing Senate Committee on Foreign Affairs and International Trade (budget—study on such issues that may arise from time to time relating to foreign relations generally), presented in the Senate on May 17, 2007.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the eighth report (interim) of the Standing Senate Committee on Official Languages, entitled: Relocation of Head Offices of Federal Institutions: Respect for Language Rights, tabled in the Senate on May 17, 2007.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Hubley, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 3 to 15 were called and postponed until the next sitting.
Other
Orders No. 9, 26, 22, 3, 33, 34, 12, 14 (inquiries), 150 (motion), 31 (inquiry), 166 (motion), 25 (inquiry), 167 (motion), 20 (inquiry), 92 and 140 (motions) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Hays, P.C., calling the attention of the Senate to the issue of developing a model for a modern elected Senate, a matter raised in the first report of the Special Senate Committee on Senate Reform.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Fraser.
Orders No. 8 (inquiry), 119 (motion), 6, 21, 19, 11, 27 and 28 (inquiries) were called and postponed until the next sitting.
Pursuant to rule 44(3), the Senate proceeded to the consideration of the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Angus:
That all matters relating to this question of privilege, including the issues raised by the timing and process of the May 15, 2007, meeting of the Standing Senate Committee on Energy, the Environment and Natural Resources and their effect on the rights and privileges of Senators, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for investigation and report; and
That the Committee consider both the written and oral record of the proceedings.
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, on division.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan and the Capital Budget for 2007-2008 to 2011-2012 and of the Operating Budget for 2007-2008 of the Business Development Bank of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/39-868.
Report of the Laurentian Pilotage Authority, together with the Auditor General's Report, for the year 2006, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/39-869.
Summaries of the Corporate Plan for 2007-2008 to 2011-2012 and of the Operating and Capital Budgets for 2007- 2008 of the Parc Downsview Park Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-870.
Summary of the Corporate Plan for 2007-2008 to 2011-2012 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-871.
Report of the Canada Deposit Insurance Corporation for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-872.
Reports of the Yukon Environmental and Socio-economic Assessment Board for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39-873.
Report on transportation in Canada for the year 2006, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No. 1/39-874.
Report of the Canada Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Canada Pension Plan Act, S.C. 1997, c. 40, s. 97. —Sessional Paper No. 1/39-875.
Report of the Canadian Wheat Board for the fiscal year ended March 31, 2007, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/39-876.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:23 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 Legal and Constitutional Affairs
The name of the Honourable Senator Milne substituted for that of the Honourable Senator Mahovlich (May 17).
The name of the Honourable Senator Ringuette substituted for that of the Honourable Senator Hays (May 29).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Cordy (May 28).