Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 102
Thursday, May 31, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, 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, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, *Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, *Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, *Trenholme Counsell, 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 31st, 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 31st day of May, 2007, at 9:05 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 31, 2007
An Act to amend the Criminal Code (conditional sentence of imprisonment) (Bill C-9, Chapter 12, 2007)
An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption (Bill C-48, Chapter 13, 2007)
An Act to amend the Divorce Act (access for spouse who is terminally ill or in critical condition) (Bill C-252, Chapter 14, 2007)
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Keon, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its eighteenth report (Bill C-277, An Act to amend the Criminal Code (luring a child), without amendment).
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen, that the bill be placed on the Orders of the Day for a third reading two days hence.
The question being put on the motion, it was adopted.
The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its seventh report (Bill S-209, An Act concerning personal watercraft in navigable waters, without amendment).
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, 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 St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its seventh report (Bill S-6, An Act to amend the First Nations Land Management Act, without amendment).
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Cochrane, 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 Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its twelfth report entitled: The Evacuation of Canadians from Lebanon in July 2006: Implications for the Government of Canada.—Sessional Paper No. 1/39-883S.
The Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, tabled its eighth report entitled: Safe Drinking Water for First Nations. —Sessional Paper No. 1/39-884S.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Segal, 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 presented the following:
Thursday, May 31, 2007
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SEVENTEENTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2007-2008.
Internal Economy, Budgets and Administration
Professional and Other Services $ 5,000 Transportation and Communications — All Other Expenditures — TOTAL $ 5,000
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Bacon, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:
Reply to Question No. 30, dated March 28, 2007, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Health Canada's Pest Management Regulatory Agency (PMRA).—Sessional Paper No. 1/39-885S.
ORDERS OF THE DAY
Ordered, That notwithstanding the Order adopted earlier this day, Bill S-6, An Act to amend the First Nations Land Management Act, be placed on the Orders of the Day for a third reading later this day.
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, as amended.
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that the bill, as amended, be read the third time.
The question being put on the motion, it was adopted.
The bill, as amended, 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, with certain amendments, to which it desires its concurrence.
Third 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 Cochrane, 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 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.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Cochrane, seconded by the Honourable Senator Segal, for the 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.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Joyal, P.C., 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.
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
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino, for the adoption of the first report of the Special Senate Committee on Senate Reform (subject-matter of Bill S- 4, An Act to amend the Constitution Act, 1867 (Senate tenure)), tabled in the Senate on October 26, 2006.
After debate,
A point of order was raised with respect to the motion to adopt the first report of the Special Senate Committee on Senate Reform.
Debate.
Ordered, That the motion to adopt the first report of the Special Senate Committee on Senate Reform, proposed during the proceedings of Wednesday, May 30, 2007, be deemed to constitute a two days' notice, pursuant to rule 57(1) (e).
Orders No. 2 and 3 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill S-219, An Act to amend the Parliamentary Employment and Staff Relations Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Pépin, that the bill be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion, it was adopted.
Orders No. 2 to 4 were called and postponed until the next sitting.
Second reading of Bill S-227, An Act to amend the Bankruptcy and Insolvency Act (student loans).
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Peterson, that the bill be read the second time.
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 adopted.
Orders No. 6 to 9 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Trenholme Counsell, for the third reading of Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol.
After debate,
In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Angus, that Bill C- 288 be not now read a third time but that it be amended:
(a) in clause 3, on page 3, by replacing line 19 with the following:
"Canada makes all reasonable efforts to take effective and timely action to meet'';
(b) in clause 5,
(i) on page 4,
(A) by replacing line 2 with the following:
"to ensure that Canada makes all reasonable efforts to meet its obligations'',
(B) by replacing line 6 with the following:
"ance standards for vehicle emissions that meet or exceed international best practices for any prescribed class of motor vehicle for any year,'', and
(C) by adding after line 13 the following:
"(iii.2) the recognition of early action to reduce greenhouse gas emissions, and'',
(ii) on page 5,
(A) by replacing line 9 with the following:
"(a) within 10 days after the expiry of each'',
(B) by replacing line 23 with the following:
"first 15 days on which that House is sitting'', and
(C) by replacing lines 26 and 27 with the following:
"each House of Parliament is deemed to be referred to the standing committee of the Senate and the House of Commons that'';
(c) in clause 6, on page 6, by adding after line 29 the following:
"(3) For the purposes of this Act, the Governor-in-Council may make regulations restricting emissions by "large industrial emitters'', persons that the Governor-in-Council considers are particularly responsible for a large portion of Canada's greenhouse gas emissions, namely,
(a) persons that are part of the electricity generation sector, including persons that use fossil fuels to produce electricity;
(b) persons that are part of the upstream oil and gas sector, including persons that produce and transport fossil fuels but excluding petroleum refiners and distributors of natural gas to end users; and
(c) persons that are part of energy-intensive industries, including persons that use energy derived from fossil fuels, petroleum refiners and distributors of natural gas to end users.'';
(d) in clause 7,
(i) on page 6,
(A) by replacing line 32 with the following:
"that Canada makes all reasonable attempts to meet its obligations under'', and
(B) by replacing line 38 with the following:
"ensure that Canada makes all reasonable attempts to meet its obligations'', and
(ii) on page 7, by replacing line 4 with the following:
"(3) In ensuring that Canada makes all reasonable attempts to meet its'';
(e) in clause 9,
(i) on page 7, by replacing line 33 with the following:
"ensure that Canada makes all reasonable attempts to meet its obligations'', and
(ii) on page 8,
(A) by replacing line 3 with the following:
"Minister considers appropriate within 30 days'', and
(B) by replacing line 7 with the following:
"(1) or on any of the first fifteen days on which'';
(f) in clause 10,
(i) on page 8,
(A) by replacing line 9 with the following:
"10. (1) Within 180 days after the Minister'',
(B) by replacing line 11 with the following:
"tion 5(3), or within 90 days after the Minister'', and
(C) by replacing line 38 with the following:
"(a) within 15 days after receiving the'', and
(ii) on page 9,
(A) by replacing line 6 with the following:
"Houses on any of the first 15 days on'', and
(B) by replacing line 9 with the following
"(b) within 30 days after receiving the advice,'';
(g) in clause 10.1, on page 9,
(i) by replacing line 17 with the following:
"and Sustainable Development may prepare a'',
(ii) by replacing line 32 with the following:
"report to the Speakers of the Senate and the House of Commons'', and
(iii) by replacing lines 34 and 35 with the following:
"Speakers shall table the report in their respective Houses on any of the first 15 days on which that House''.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Campbell, seconded by the Honourable Senator Hubley, for the second reading of Bill C-292, An Act to implement the Kelowna Accord.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk, 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
Orders No. 1 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Hays, P.C., seconded by the Honourable Senator Fraser, for the adoption of the second report of the Special Senate Committee on Senate Reform (motion to amend the Constitution of Canada (western regional representation in the Senate), without amendment but with observations), presented in the Senate on October 26, 2006;
And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Campbell, that the second report of the Special Senate Committee on Senate Reform be not now adopted, but that the motion to amend the Constitution of Canada (western regional representation in the Senate), be amended as follows:
(a) by replacing, in the third paragraph of the motion, the words "British Columbia be made a separate division represented by 12 Senators;'' with the following:
"British Columbia be made a separate division represented by 24 Senators;'';
(b) by replacing, in clause 1 of the Schedule to the motion, in section 21, the words "consist of One hundred and seventeen Members'' with the following:
"consist of One hundred and twenty-nine Members'';
(c) by replacing, in clause 1 of the Schedule to the motion, in section 22, the words "British Columbia by Twelve Senators;'' with the following:
"British Columbia by Twenty-four Senators;'';
(d) by striking out, in clause 2 of the Schedule to the motion, in section 27, the words "or, in the case of British Columbia, Twelve Senators,''; and
(e) by replacing, in clause 2 of the Schedule to the motion, in section 28, the words "exceed One hundred and twenty-seven.'' with the following:
"exceed One hundred and thirty-nine.''.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 10 was called and postponed until the next sitting.
Resuming debate on the consideration of the sixth report (interim) of the Standing Senate Committee on Agriculture and Forestry, entitled: Understanding Freefall: The Challenge of the Rural Poor, tabled in the Senate on December 13, 2006.
After debate,
The Honourable Senator Peterson moved, seconded by the Honourable Senator Goldstein, 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.
Orders No. 12 and 13 were called and postponed until the next sitting.
Other
Order No. 23 (inquiry) was called and postponed until the next sitting.
Resuming debate on 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 Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That Order No. 3 under Reports of Committees be again called.
Consideration of the twelfth report of the Standing Senate Committee on Human Rights, entitled: Canada and the United Nations Human Rights Council: At the Crossroads, tabled in the Senate on May 10, 2007.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Keon:
That the twelfth report of the Standing Senate Committee on Human Rights, entitled: Canada and the United Nations Human Rights Council: At the Crossroads 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 being identified as the Minister responsible for responding to the report.
After debate,
A point of order was raised with respect to the acceptability of the motion.
After debate,
With leave of the Senate and pursuant to rule 30, the motion was withdrawn.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Keon, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 9, 26 and 22 (inquiries) 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 Oliver moved, seconded by the Honourable Senator Di Nino, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 33, 34, 12, 14 (inquiries), 150 (motion), 31 (inquiry), 166 (motion), 25 (inquiry), 167 (motion), 20 (inquiry), 92, 140 (motions) and 8 (inquiry) were called and postponed until the next sitting.
Ordered, That Order No. 119 (motion) be discharged from the Order Paper.
Orders No. 6, 21, 19 and 11 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Mercer calling the attention of the Senate to gender equality in the process of governance, specifically how we, as senators in the Senate of Canada, can be a model for gender equality by requiring that the number of senators in this place be composed of 50 per cent women and 50 per cent men.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 28 (inquiry) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Chaput moved, seconded by the Honourable Senator Carstairs, P.C.:
That the eighth report 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 Thursday, May 17, 2007, be adopted; and
That, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the President of Treasury Board, the Ministers of Official Languages and of Industry being identified as Ministers responsible for responding to the report.
The question being put on the motion, it was adopted.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Carstairs, P.C.:
That, notwithstanding the Order of the Senate adopted on Thursday, April 27, 2006, the Standing Senate Committee on Official Languages, which was authorized to study and report from time to time on the application of the Official Languages Act and of the regulations and directives made under it, within those institutions subject to the Act, be empowered to extend the date of presenting its final report from June 30, 2007, to June 30, 2008.
The question being put on the motion, it was adopted.
The Honourable Senator Banks moved, seconded by the Honourable Senator Dallaire:
That, notwithstanding the Order of the Senate adopted on April 26, 2006, the date for the presentation of the final report by the Standing Senate Committee on Energy, the Environment and Natural Resources to examine and report on emerging issues related to its mandate be extended from September 1, 2007, to September 1, 2008.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Dallaire:
That, pursuant to rule 95(3)(a), the Standing Senate Committee on National Security and Defence be authorized to meet on Monday, June 11, 2007, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Dallaire:
That, pursuant to rule 95(3)(a), the Standing Senate Committee on National Security and Defence be authorized to meet on Monday, June 18, 2007, even though the Senate may then be adjourned for a period exceeding one week.
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 Andreychuk:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 5, 2007, at 2 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:45 p.m. the Senate was continued until Tuesday, June 5, 2007, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Finance
The name of the Honourable Senator Fox removed from the membership (May 30).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Fox substituted for that of the Honourable Senator Mercer (May 30).